This policy is effective as of July 20th, 2019. Should you have any doubt, please do not hesitate contacting us.
By accessing and using CAEplex, you accept and agree the terms, conditions and provisions of this agreement. Also, when using these particular services, you will be subject to any rule or corresponding use guide that has been published for those services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to comply with the above, please do not use the service.
CAEplex provides an online service that allows our members to access a web-based platform for performing finite-element analysis running in the cloud. The CAEplex service is provided to you by Seamplex, a company established in Argentina. These Terms and Conditions govern your use of our service. As used in these Terms and Conditions, “CAEplex service”, “our service” or “the service” means the service provided by CAEplex, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with the platform. In the following paragraphs, “we” means Seamplex, “this website” means CAEplex.com and “you” means any user of the service.
The failure of Seamplex to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions; you agree that the court should endeavor to give effect to the intentions of Seamplex and you as reflected in the provision, and that the other provisions of these Terms and Conditions shall remain in full force and effect. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned or transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Seamplex (and any attempt to do so shall be null and void). These Terms and Conditions, and any rights and licenses granted hereunder, may be assigned or transferred by Seamplex without restriction and without your consent. These Terms and Conditions constitute the final, complete and exclusive statement of the agreement between you and Seamplex regarding the subject matter hereof, and supersede any prior agreements, negotiations or communications between you and Seamplex with respect to such subject matter. Neither the course of conduct between the Parties nor trade practice will act to modify the Terms and Conditions. These Terms and Conditions do not confer any third-party beneficiary rights.
If you have any questions about these Terms and Conditions, please contact us. All notices, authorizations, and requests to Seamplex shall be deemed given on receipt.
The Service that CAEplex provides consists of a Software-as-a-service platform which may be used to model physical processes and/or systems that might have engineering applications (see CAEplex Service below). In order to use the services provided by this website, you (“The Customer”) will need either
Upon the making of these Terms and Conditions, Seamplex agrees to enable the Customer to use the services. By default, any new account will be a “Free” account, meaning that access to the services listed as “Free plan” in the plans and pricing page and/or Onshape CAEplex app entry will be provided. Usage of the services under the terms of any other plan will be subject to a paid subscription.
You must not create user accounts through unauthorized means, including but not limited to, by using a script, bot, spider, crawler, or scraper, or other automated methods. These accounts will be removed upon detection. When you choose to provide information to the services, you agree that all information you provide to register with the services and to create your account shall be truthful and accurate, and you agree to update your information as necessary to ensure that it remains truthful and accurate. Any account containing false information will be removed upon detection. You understand and agree that you are responsible for maintaining the confidentiality and security of your Login Credentials, and that you are solely responsible for all activities that occur on or through your User Account. You agree to notify us immediately if you suspect any unauthorized use of your User Account or access to your password. You agree that you will not solicit, collect or use the login credentials of other users. You also acknowledge that the Internet may be subject to breaches of security and that the submission of data or other information (“User Submission”) may not be secure. See our Security measures for more details.
We reserve the right, at any time, in our sole discretion, to disable any user Login Credentials, whether chosen by you or provided by us, and to suspend or terminate your User Account or otherwise deny you access, without notice and without liability, and with or without cause, including if we believe you are in breach of these Terms and Conditions. Seamplex will not necessarily provide advance warning of such termination or suspension. We reserve the right to refuse provision of or access to the Service to anyone for any reason and at any time. Any termination or suspension of the Service may result in the deactivation or deletion of your User Account or access to your account, and may also result in the forfeiture and relinquishment of all content in your account, as determined by us in our sole discretion. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer will result in immediate account termination.
Seamplex grants you the use of a Software-as-a-service application in the form of a web-based platform named CAEplex which can be accessed either at https://www.caeplex.com or used from https://www.onshape.com as an app. This platform is a front-end for a number of software back-ends aimed at solving equations that model physical processes and/or systems which might have engineering applications. Seamplex is thus providing a technical construct for use. The usage of the Service implies using data that the Customer uploads to the User Account of several kinds, including CAD files, parameters, settings, and other necessary information. The data transmitted by the Customer may be forwarded by Seamplex to other computers—always using an end-to-end encrypted form using TLS over the HTTPS or SSH protocols. The use of the Software will be carried out on these computers. The data will be loaded to the web server from the Customer’s local computer. As soon as the Customer starts the calculation, Seamplex may forward the data and the settings to external computer centers; as soon as results are created on these computers, they may be sent to the web server and may be called up by the Customer in his/her Account. Seamplex rents computing capacity in order to enable the use of its software. Seamplex grants use of the software immediately after opening of an Account or activation of specific options, regardless of any assertion of a right of withdrawal. Seamplex hereby provides notice of the possibility of charging a fee for services provided up to that point.
You can initially use the software free of charge. Users who use the Software free of charge (i.e. using the “Free” account) can only create projects that are public and are automatically available for other people to see. These other people may not even need to have a CAEplex account to see public projects. When a user with a Free account creates a public project, it is listed in the CAEplex’ Public Projects page and its contents, including the CAD model, are publicly released under the terms of the Creative Commons Attribution 4.0 International License. If a user chooses to delete a public project, it will not be listed anymore in the user’s dashboard but the information may still be made available for the rest of the users.
Users with paid plans may create private projects and choose which users have access to them, either as read-only, read-write or with full administrative privileges. It should be noted CAEplex staff might be able to access private projects if the owner asks for customer support.
In order to be able to use the software, you shall personally upload or specify the data necessary to run a computation and review its completeness and correctness. These data include, inter alia, geometric information (CAD), selection of analysis type, material parameters, boundary and/or initial conditions, settings, etc. This listing can only be exemplary. For public projects, you warrant that you have authorization to use and, as the case may be, to publish the data, representations and images under the terms of the Creative Commons Attribution 4.0 International License. Data contained in private projects retain the copyright conditions the user who created the project posses on such data.
You are solely responsible for the correctness and completeness of the data you transmit and the modeling of the technical system. The Software can only perform a calculation correctly using completely transmitted and correct data. Seamplex therefore assumes no liability for the correctness of the calculated results with regard to the physical process and/or systems being modeled. In case you generate an engineering report with the results of a CAEplex project, you are fully responsible for the technical, industrial and/or commercial usage and liability associated with such report. Seamplex does not sign nor endorse nor take any responsibility for the direct or indirect damages associated with either the results of a CAEplex project or the contents of a CAEplex-generated report.
You can access the data that you loaded into your Account at any time, and can access the results obtained by the use of the CAEplex at any time. If CAEplex would be temporarily unable to provide these data and results for technical reasons, then Seamplex agrees to remedy the malfunction promptly. This excludes events of force majeure.
You are not entitled to transfer the right of use to third Parties. However, members of your organization or authorized third Parties are permitted to upload data. You are not authorized to use the CAEplex through your Account for third Parties without a written permission. In case of unauthorized usage, Seamplex is entitled to block the Account. In this case, the Customer is obligated to maintain the email address until completion of this process.
If the Software made available has an error, then you shall have a right to remedy of defects. You shall have a right to withdraw if Seamplex can not remedy an error in the computation within a reasonable period. These two sentences shall apply subject to the limitation of liability and warranty within this regulation.
As long as you use the Software free of charge, Seamplex shall only be liable for wrongful intent and gross negligence. When a fee is paid for use, Seamplex warrants the functionality of the Software provided for use, with the proviso that the customary defects that technically cannot be excluded (e.g. bugs) in the Software will be removed in each case immediately upon their discovery. If a computed result is false due to a defect that has then been remedied, the specific computation process can be repeated without being charged a usage fee.
Otherwise, liability for damage and consequential damage due to defects is limited to wrongful intent and gross negligence. Any and all liability is excluded for the modeling of the technical system. You understand that the software Seamplex provides solves a set of algebraic equations that, up to a certain level, approximate a set of partial differential equations that, up to another certain level, represent a physical situation. And you claim to also understand up to which extents these approximations and representations constitute a valid model of such physical situation. In particular, you acknowledge that
Seamplex’ liability for its agents is limited to wrongful intent and gross negligence. Liability for data loss is also limited to wrongful intent and gross negligence. You acknowledge that there might be rare cases in which the Software cannot solve a certain combinations of geometry, properties and/or conditions. These cases will be addressed by Seamplex staff in a case-by-case basis upon request by the User.
The inadequacies that customarily occur in the software provided by Seamplex cannot be excluded shall be kept to the lowest level possible by Seamplex regularly revising the Software. Such revision shall be carried out outside of the main usage periods insofar as technically possible. If you are a commercial customer, then you are obligated to notify us promptly of defects in the Software that you becomes aware of. Similarly, you shall provide notice of any defects becoming known to you in the interaction of the various components of the Software.
Seamplex also uses third-party software (both standalone programs and libraries) for individual parts of computation runs. We select this software to the best of our knowledge and belief. Seamplex 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 computed result is false due to a defect that has subsequently been remedied, the specific calculation process can be repeated without a usage fee being charged.
You may request that Seamplex employees help in the creation of a computation run. In this case as well, we exclude any and all liability for the correctness of the modeling of the technical system. We can help exclusively in setting the tool, but shall in no case make our own assessment of what is technically necessary for the Customer.
Should individual provisions be or become invalid or contestable at all or in part, this shall not affect the applicability and validity of the other clauses set forth herein, and this provision shall be interpreted and/or supplemented in such a way that the intended meaning and purpose is achieved to the extent possible.
Subject to your compliance with these Terms and Conditions, and any additional terms that may apply to particular services offered by us, we grant you a non-exclusive, non-transferable, limited, personal license to access and use the Service in accordance with these Terms and Conditions. Projects created by users with Free plans are automatically made public under the terms of the Creative Commons Attribution 4.0 International License. Projects created by users with paid subscriptions and marked as private are subject to whatever licensing conditions the owner decides.
Any and all rights to use the Service that are not expressly granted to you under these Terms and Conditions are reserved for us or our licensors. Unauthorized use of the content in the website is prohibited, may be a violation of laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.
The page and its original content, features and functionality are owned by Seamplex and are protected by international copyright, trademarks, patents, trade secrets and other intellectual property laws or copyright laws.
The user who created the CAEplex account has access and control over the User Account and is responsible of maintaining control over the account and preventing anyone else from accessing the account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Seamplex or our partners from identity theft or other fraudulent activity.
The password of your User Account is not directly stored in our servers. We first compute a salted hash using the Blowfish algorithm, and it it this salted-hash string what we store. At login-time, we encrypt the password provided in the login form and allow access only if the two encrypted strings match. The passwords entered into the website’s forms are transferred end-to-end encrypted to our servers under the TLS protocol over HTTPS. See our Security measures for further details.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Argentina. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
To find more information about our service and its features or if you need assistance with your account, please visit the CAEplex Help Center on our website https://www.caeplex.com/help. In the event of any conflict between these Terms and Conditions and information provided by Customer Support or other portions of our website, these Terms and Conditions will control.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Please note that these terms and conditions are subject to change by Seamplex in our sole discretion at any time.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and Conditions, without prior notice. You agree that we may notify you of any updated Terms and Conditions by posting them on the Site so that they are accessible via a link from the home page, and/or to send you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and Conditions. Your continued use of the services following the posting of revised Terms and Conditions (or engaging in such other conduct as we may reasonably specify) shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to cease using the Service.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in Login Credentials or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
We will not disclose any personal information to any third party (excluding our contractors to whom we may provide such information for the limited purpose of providing services to us and who are obligated to keep the information confidential), unless
We also may share aggregate, non-personal information about website usage with unaffiliated third Parties. This aggregate information does not contain any personal information about our users.
You expressly acknowledge and agree that your access to and use of the services or any content is at your own risk. To the maximum extent permitted by applicable law, the services (including, without limitation, all content) are provided to you on an “as is,” “as available,” and “with all faults” basis, without warranty of any kind. Neither Seamplex nor any of its officers, directors, managers, developers, employees or agents (collectively, the “Seamplex Parties”) make any representations, warranties or endorsements of any kind whatsoever as to the content (including, without limitation, user submissions and third party content) or other services. The Seamplex Parties hereby disclaim all warranties and conditions with respect to the services, whether express or implied, statutory or otherwise, or arising from course of dealing, course of performance or usage of trade, including, without limitation, the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose and quiet enjoyment. Without limiting the foregoing, the Seamplex Parties make no representation or warranty as to the quality, reliability, completeness, accuracy, timeliness, availability, security or functionality of the services or any content thereon. The Seamplex Parties make no warranty that the services will meet your specific requirements or be available on an uninterrupted, secure, or error-free basis, that defects in the services will be corrected, or that the services or the server that makes the services available is free from harmful components, including without limitation viruses. The Seamplex Parties do not warrant that your use of the services is lawful in any particular jurisdiction, and the Seamplex Parties specifically disclaim such warranties. No advice or information, whether oral or written, obtained from the Seamplex Parties or through the services, will be deemed to create any warranty whatsoever. Some jurisdictions do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you to the extent such jurisdictions’ laws are applicable to you and these terms and conditions. By accessing or using the services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services.
To the maximum extent permitted by applicable law, in no event shall the Seamplex Parties be liable to you for any loss or damages of any kind including, without limitation, for any direct, indirect, special, incidental, exemplary, consequential or punitive losses or damages, or damages for system failure or malfunction or loss of profits, data, use, business or good-will, arising out of or in connection with
The limitations set forth in this section (limitation of liability) shall apply regardless of the form of action, whether the asserted liability or damages are based on contract (including, without limitation, breach of warranty), indemnification, tort (including, without limitation, negligence), strict liability, statute or any other legal or equitable theory. In no event will the Seamplex Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
You (and also any third party for whom you operate an account or activity on the services) agree to defend, indemnify and hold harmless Seamplex, its officers, directors, managers, developers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our’s defense of any claim. You will not in any event settle any claim without the prior written consent from us.