Introduction
These Terms and Conditions (“Terms”) govern your access to and use of
the CAEplex service (the “Service”) provided by Seamplex S.A.
(“Seamplex”, “we”, “us” or “our”), a company incorporated in the
Republic of Argentina. The Service is a cloud-based
software-as-a-service platform that enables finite-element analyses and
related workflows, accessible via our website https://www.caeplex.com
and via the Onshape App Store https://cad.onshape.com/appstore/apps/Simulation/58c06bd1bfa4a20efa4af708.
By registering for an account, subscribing to or using the CAEplex
application on Onshape, or otherwise accessing the Service, you accept
and agree to be bound by these Terms. If you do not agree, do not access
or use the Service.
Definitions
- “Account”: an account registered to access the Service.
- “User Content”: any data, files, CAD models, parameters, inputs,
analysis settings, or other content you upload to or submit through the
Service.
- “Subscription”: a paid plan that grants access to Service
features.
- “Free Plan” / “Trial”: any temporary or no-cost offering with
limited features as described in the Onshape App Store listing or on our
site.
- “Personal Data”: information relating to an identified or
identifiable natural person.
- “Controller” / “Processor”: as defined by applicable data protection
laws.
Account Registration and
Eligibility
- You must register an Account with Onshape and subscribe to the
CAEplex app in the Onshape App Store to use the Service.
- You must provide accurate, current, and complete registration
information and keep it up to date.
- You are responsible for safeguarding your account credentials and
for all activity under your Account. Notify us immediately of any
unauthorized access or other security breach.
- You must not create accounts using automated methods (bots, scripts,
scrapers, or other automated tools). We will remove accounts that are
fraudulent or abusive.
- If you create an Account on behalf of an organization, you represent
that you have authority to bind that organization.
Subscriptions,
Free Trials, Billing and Refunds
- Free Trials: When offered, Free Trials allow limited use as
described in the Onshape App Store or on our site (for example: “create
up to fifteen cases within fifteen days”). Free Trial terms will be
clearly disclosed. Free Trials will not auto-convert to paid
Subscriptions unless you affirmatively opt in or provide payment
authorization as disclosed at signup.
- Paid Subscriptions: Paid Subscriptions are purchased and billed
through the Onshape App Store per the pricing and billing terms
displayed there. You authorize Onshape (and its payment processor) to
bill for any Subscription you purchase.
- Auto-renewal: Paid Subscriptions may automatically renew at the end
of each billing period. You may cancel auto-renewal through the Onshape
App Store or your account settings; cancellation takes effect at the end
of your then-current paid period.
- Refunds: Fees are non-refundable except as required by applicable
law, or as otherwise stated in these Terms. If a computation is
materially affected by an error we caused and which we remediate, we
may, at our discretion, repeat the computation without charging you, or
provide other remedies.
Access, Suspension and
Termination
- We may suspend or terminate your Account or access to the Service if
you breach these Terms, engage in prohibited conduct, or if required for
security or legal reasons. We will generally provide notice unless
immediate action is necessary.
- Upon termination we may delete or anonymize your User Content in
accordance with our data retention policy. It is your responsibility to
export any content you need prior to termination. We will retain User
Content for a reasonable period (e.g., 30–90 days) following termination
to facilitate export, except as required otherwise by law.
Service Description
- The Service is a web-based front end that can dispatch compute jobs
to backend compute resources (including third-party cloud providers and
computing centers). You upload User Content (CAD models, parameters,
boundary conditions) to request computations.
- We use industry-standard transport encryption (e.g., TLS 1.2+) for
data in transit and reasonable technical and organizational measures to
protect data at rest where feasible.
- You are responsible for the correctness, completeness and
suitability of User Content, including modeling choices (meshing,
boundary conditions, material parameters). The Service is a
computational tool and does not substitute professional engineering
judgment.
User Content, Ownership and
License
- Ownership: You retain ownership of your User Content.
- Service license: By uploading User Content you grant Seamplex a
non-exclusive, worldwide, royalty-free license to host, store, use,
copy, modify (only as necessary for functionality), transmit and display
your User Content to provide, operate, improve and secure the Service
(the “Service License”).
- Publication & Free Plan: Public cases will be published under
the Creative Commons Attribution 4.0 International License (CC BY 4.0).
Owners may designate projects as private or public and choose applicable
licensing terms for their projects.
- Prohibited content: You must not upload User Content that infringes
third-party rights, is unlawful, or violates our Acceptable Use
policies. We may remove or block content that appears to violate these
Terms or applicable law.
Privacy,
Data Protection and International Transfers
- We collect and process Personal Data to provide the Service, for
billing and support, and for legitimate business purposes. We act as
Controller for most processing related to the Service.
- International transfers: Your Personal Data may be transferred to
processors, cloud providers, or computing centers located outside your
jurisdiction. Where transfers from the EEA/UK are required, we will rely
on an adequacy decision, Standard Contractual Clauses, or another lawful
mechanism as required by applicable law.
- Data subject rights: If you are entitled to rights under applicable
data protection laws (e.g., GDPR), you may exercise them.
Security
- We maintain administrative, technical, and physical safeguards
consistent with industry practice to protect accounts and User Content.
These include use of TLS for data in transit, role-based access
controls, vulnerability management, and logging.
- No system can be guaranteed secure. Do not upload content you
consider extremely sensitive without first contacting us to confirm
appropriate safeguards.
Open-Source and
Third-Party Software
- The Service uses open-source and third-party software (for example,
Open CASCADE, Gmsh, FeenoX). Those components are subject to their own
licenses (e.g., LGPL, GPL). We comply with license obligations and
provide license texts and notices as required at:
https://www.caeplex.com/oss-notices.
- If you require source code or additional licensing details required
by a particular open-source license, contact us as indicated in Section
26.
Warranties and Disclaimers
- Except as expressly stated in these Terms and to the maximum extent
permitted by law, the Service is provided “AS IS” and “AS AVAILABLE”
without warranties of any kind, whether express or implied. We disclaim
implied warranties of merchantability, fitness for a particular purpose
and non-infringement to the maximum extent permitted by law.
- For paid Subscriptions, we warrant that the Service will perform
materially in accordance with applicable documentation. If a material
non-conformity is reported, we will use commercially reasonable efforts
to correct it. This warranty does not apply to defects caused by your
User Content, misuse, or third-party services.
- You understand that CAEplex solves a set of equations according to
the input the user defines. You take full responsibility of the
applications of the results obtained by the CAEplex App with the inputs
(CAD, mesh, boundary condtions, materials, etc.) you defined.
Limitation of Liability
- To the maximum extent permitted by applicable law, Seamplex’s
aggregate liability arising out of or in connection with these Terms or
the Service shall not exceed the total subscription fees actually paid
by you to Seamplex in the 12 months preceding the event giving rise to
the claim.
- This limitation does not apply to liability for (i) death or
personal injury caused by our negligence, (ii) fraud or fraudulent
misrepresentation, or (iii) any other liability that cannot be limited
by applicable law.
- In no event shall Seamplex be liable for indirect, incidental,
special, consequential, exemplary or punitive damages, including loss of
profits, loss of data, business interruption, or loss of goodwill, even
if such damages were foreseeable.
Indemnity
- You agree to indemnify, defend and hold harmless Seamplex, its
officers, directors, employees and agents from and against third-party
claims, liabilities, losses, damages and costs (including reasonable
attorneys’ fees) arising from: (a) your breach of these Terms; (b) User
Content that infringes third-party intellectual property rights or
violates law; or (c) your grossly negligent or willful misconduct.
- Seamplex will promptly notify you of any claim for which you must
indemnify us and will cooperate in the defense. You may control the
defense and settlement of such claims, provided you seek our prior
written consent before any settlement that admits liability or imposes
obligations on Seamplex.
Prohibited Uses and
Acceptable Use
You must not, and must not permit others to: - Use the Service to
violate any applicable law or regulation.
- Upload malware, viruses, or disruptive code.
- Attempt to probe, scan, or test the vulnerability of any system or
network.
- Attempt to gain unauthorized access to systems, data, or
accounts.
- Reverse engineer, decompile, or attempt to extract source code or
trade secrets from the Service, except to the extent permitted by
law.
We may suspend or terminate Accounts that breach acceptable use
policies.
Export Controls and
Sanctions
You will not use the Service in violation of export laws or sanctions
(including U.S., EU or other applicable sanctions). You represent that
you are not on any prohibited/denied party lists.
Changes to the Service and
Terms
- We may modify, update or discontinue the Service (or any portion) at
any time. For material changes to these Terms, we will provide at least
thirty (30) days’ notice by posting a revised version on our site and/or
sending email to the address on file. Your continued use of the Service
after the effective date of changes constitutes acceptance. If you do
not agree to changes, your sole remedy is to stop using the Service and,
if applicable, cancel your Subscription.
Governing Law and Dispute
Resolution
- These Terms are governed by the laws of the Republic of Argentina,
without regard to conflict-of-law principles. Nothing in these Terms is
intended to limit any mandatory consumer protections that apply in your
jurisdiction.
- For disputes not subject to mandatory consumer protection
provisions, the parties agree to submit to the exclusive jurisdiction of
the courts located in Buenos Aires, Argentina. Parties may agree to
mediation or arbitration in writing.
Onshape App Store
- Your use of the CAEplex application via the Onshape App Store is
also subject to Onshape’s terms. Onshape is not responsible for
CAEplex’s operation, content, or your use of the Service. Please review
Onshape’s developer and App Store guidelines. We will keep app listing
information (pricing, trial description, contact info) up to date.
Third-Party Services and
Links
- The Service may contain integrations with or links to third-party
websites and services. We are not responsible for their content, privacy
practices, or availability. Use of third-party services is at your own
risk.
Open-Source Notices
- Open-source components used in the Service are subject to their own
licenses (for example: Open CASCADE — LGPL; Gmsh — GPL; FeenoX — GPLv3).
We provide required license texts, attributions and source availability
where required at: https://www.caeplex.com/oss-notices.
Cookies
- We use cookies to manage session state between Onshape and CAEplex.
We do not use third-party advertising cookies as part of the
Service.
Age Restrictions
- The Service is not directed to children under the age applicable in
local law (typically 16). If you are under the applicable age, do not
use the Service. If we learn we have collected Personal Data from a
child in violation of law, we will take steps to delete it.
Miscellaneous
- Assignment: You may not assign or transfer your rights under these
Terms without our prior written consent. Seamplex may assign these Terms
without your consent in connection with a sale or transfer of the
business.
- Severability: If a clause is found unenforceable, the remainder of
the Terms remains in effect.
- Survival: Sections reasonably intended to survive termination (such
as Ownership, Warranties, Limitation of Liability, Indemnity, Governing
Law) survive termination.
- Entire Agreement: These Terms, any documents incorporated by
reference (Privacy Policy, OSS notices), and the Onshape App Store terms
constitute the entire agreement between you and Seamplex regarding the
Service.
Consumer Rights
- These Terms do not attempt to limit rights you may have under
applicable consumer protection laws. If any provision conflicts with
mandatory local consumer law, that local law will govern to the extent
required.
Thank you for using CAEplex.