Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Cfd Simulations Inc. (“CFD Sim,” “we,” “our,” or “us”), a company incorporated under the laws of Ontario, Canada, with its registered office at 8599 Round Lake Road, Pembroke, ON K8A 0K4, Canada.

By accessing or using our website located at https://www.cfdsim.buzz (the “Site”) or any of our computational fluid dynamics simulation services, APIs, software, documentation, or related offerings (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms in their entirety, you must not access or use our Site or Services. Your continued use of the Site or Services following any modification of these Terms constitutes acceptance of those modifications.

2. Description of Services

Cfd Simulations Inc. provides computational fluid dynamics simulation and data visualization services, including but not limited to:

• RANS, LES, and DES turbulence modeling
• Finite volume method solver configuration and execution
• Mesh generation and refinement services
• Simulation data visualization and statistical analysis
• High-performance computing (HPC) simulation pipeline management
• Custom solver development and optimization

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Intellectual Property

Our Intellectual Property: All content, features, and functionality available through the Site and Services, including but not limited to software, algorithms, solver configurations, visual designs, text, graphics, logos, icons, and the CFD Sim name and brand (“CFD Sim IP”), are the exclusive property of Cfd Simulations Inc. and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Data and Results: Simulation input data, mesh files, boundary condition definitions, and simulation output results that you generate through our Services (“Client Data”) remain your property. By uploading or submitting Client Data to our Services, you grant us a limited, non-exclusive, worldwide license to use, process, and store such data solely for the purpose of providing and improving the Services to you.

License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and Services for their intended purpose. This license does not include any right to reproduce, modify, distribute, or create derivative works of the CFD Sim IP.

4. User Obligations

When using our Site and Services, you agree that you will not:

• Use the Services for any unlawful purpose or in violation of any applicable local, provincial, national, or international law
• Upload or transmit any malicious code, viruses, or harmful components
• Attempt to gain unauthorized access to our systems, networks, or the accounts of other users
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein
• Reverse engineer, decompile, or disassemble any aspect of our proprietary solver software
• Use the Services to develop competing products or services
• Misrepresent your identity or affiliation with any person or organization
• Submit simulation data that infringes upon the intellectual property rights of third parties

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

5. Payment Terms

Certain Services are offered on a paid subscription or per-project basis. Fees for these Services are set forth in a separate service agreement, statement of work, or order form executed between you and Cfd Simulations Inc.

Unless otherwise specified in a written agreement:

• All fees are quoted and payable in Canadian Dollars (CAD) or United States Dollars (USD) as specified
• Invoices are due within thirty (30) calendar days of the invoice date
• Late payments shall accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower
• You are responsible for all applicable taxes, duties, and governmental assessments associated with your use of the Services

We reserve the right to suspend or terminate access to the Services if payment is not received within the specified period.

6. Confidentiality

Each party (“Receiving Party”) agrees to maintain the confidentiality of all non-public, proprietary information disclosed by the other party (“Disclosing Party”) in connection with the Services, including simulation parameters, business processes, technical specifications, and Client Data (“Confidential Information”).

The Receiving Party shall use the same degree of care to protect the Disclosing Party’s Confidential Information as it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. Confidential Information shall not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully in the Receiving Party’s possession prior to disclosure; (c) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives prompt notice to the Disclosing Party where legally permissible.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CFD SIMULATIONS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount paid by you to Cfd Simulations Inc. for the Services during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred Canadian Dollars (CAD $100.00).

8. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CFD SIMULATIONS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Site or Services will meet your specific requirements or produce any particular simulation result
• The Site or Services will be uninterrupted, timely, secure, or error-free
• Simulation results will be accurate, complete, or suitable for use in safety-critical or life-critical applications
• Any errors or defects in the Site, Services, or simulation outputs will be corrected

Computational fluid dynamics simulation results are numerical approximations and should not be relied upon as the sole basis for engineering decisions without appropriate validation against physical data. You are solely responsible for verifying simulation results and for any decisions made based on such results.

9. Termination

These Terms shall remain in full force and effect while you use the Site or Services. We reserve the right to suspend or terminate your access to the Site and Services, at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Upon termination, your right to access and use the Site and Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, confidentiality obligations, disclaimers, limitations of liability, and governing law provisions.

Upon termination, we will make Client Data available for export for a period of thirty (30) days. After that period, we may permanently delete Client Data without further obligation.

10. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, for the resolution of any disputes arising from these Terms.

11. Dispute Resolution

Informal Resolution: Before initiating any formal legal proceedings, you agree to first contact us at legal@cfdsim.buzz and attempt to resolve the dispute informally. Both parties shall engage in good-faith negotiations for a period of at least sixty (60) days.

Arbitration: If the dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules. The arbitration shall be conducted in English and held in Toronto, Ontario, Canada. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will update the “Last updated” date at the top of this page and post a notice on our Site. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree with the modified Terms, you must discontinue use of the Site and Services.

13. Contact

For questions about these Terms of Service, please contact us:

Email: support@cfdsim.buzz
Phone: +1 (859) 484-1144
Legal: legal@cfdsim.buzz