Terms and Conditions

Effective Date: February 2025

These Terms and Conditions (“Terms”) govern your use of the SimuPort platform, its simulators, services, and any associated content (collectively, the “Services”) provided by SimuPort.com (“SimuPort,” “we,” “us,” or “our”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By using the Services, you agree to be bound by these Terms, which constitute a legally binding agreement between you and SimuPort. We may update these Terms from time to time, and you are responsible for reviewing them periodically. Your continued use of the Services after any changes are posted will constitute your acceptance of such changes.

2. Account Registration

2.1 Account Creation: To access certain features of the Services, you may need to create an account. When registering, you agree to provide accurate, current, and complete information and to keep your account information up to date.

2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect unauthorized access or any security breach, you must notify us immediately at support@simuport.com.

3. Use of the Services

SimuPort grants you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms. You agree not to:

3.1 Use the Services for any unlawful purpose or in violation of any applicable laws and regulations.

3.2 Distribute, modify, or create derivative works based on any part of the Services or its source code, except as explicitly permitted.

3.3 Interfere with or disrupt the Services or servers, including through the use of malicious software or hacking.

3.4 Use the Services in any manner that could harm, disable, or impair the platform or other users’ ability to access and use it.

3.5 Circumvent or attempt to circumvent any technical measures we implement to manage, monitor, or restrict access to the Services.

4. Subscription and Payment

4.1 Free Plan: If you choose a free plan, you may receive access to our Service with limited features.

4.2 Paid Subscriptions: Certain advanced features of the Services require a paid subscription. You agree to pay all applicable fees associated with your subscription, and you acknowledge that SimuPort may place usage limits commensurate with your subscription tier.

4.3 Payment & Non-Refund Policy: Subscription fees are non-refundable unless otherwise required by law. SimuPort reserves the right to change the pricing structure at any time. If you do not pay the required fees, we may suspend or terminate your access to the Services.

4.4 Usage Caps and Overages: We may impose daily, monthly, or other periodic limits on the number of simulations or API calls you can run based on your plan. If you exceed these limits, we reserve the right to throttle, suspend, or terminate your account or charge an additional overage fee, as specified on our pricing page or in a separate agreement.

5. Intellectual Property

5.1 Platform Ownership: SimuPort and its licensors own all rights, title, and interest in the Services, including any software, designs, content, and trademarks. You do not acquire any ownership rights by using the Services.

5.2 User Data and Results:

• User Inputs: You retain all rights to the data, parameters, or content you upload into the simulators (“User Inputs”). By submitting such inputs, you grant SimuPort the limited license to process, store, and display them for the purpose of providing the Services.
• Simulation Outputs: Any purely factual data or numeric results generated by the Services (“Simulation Outputs”) may be owned by you if they are the direct result of your User Inputs. However, SimuPort retains ownership of any underlying algorithms, code, or distinctive expressions used to generate or display those outputs.

5.3 Third-Party Simulators: If you use third-party simulators or plugins on the platform, you may be subject to separate licensing terms set by the third-party developer or content owner.

6. User-Generated Content

You may be able to upload or submit content to the Services (“User Content”).

6.1 Ownership and License:

• Free Plan Users: By submitting User Content, you grant SimuPort a worldwide, royalty-free, transferable license to use, display, and distribute your User Content for the purpose of providing and improving the Services.
• Paid Subscription Users: You retain ownership and confidentiality of your User Content. However, you grant SimuPort a limited license to process and store your content as necessary to provide the Services to you.

6.2 Prohibited Content: You agree not to submit User Content that violates any laws, infringes on the rights of others, or contains harmful, offensive, or inappropriate material.

6.3 Removal of Content: SimuPort reserves the right to remove any User Content that violates these Terms, infringes intellectual property rights, or is otherwise objectionable.

7. Data Harvesting and Usage Limits

7.1 Prohibition on Data Harvesting:

• You shall not systematically collect, scrape, harvest, or store large volumes of Simulation Outputs or other data from the Services for the purpose of building or training artificial intelligence (AI) models, creating competing products, or any other use not expressly authorized by SimuPort.
• You shall not use bots, scripts, or automated methods to request or extract data from our Services without our prior written consent.

7.2 Prohibition on Competing Services:

• You agree not to replicate or attempt to replicate, reverse engineer, or develop competing simulation platforms, models, or tools based on the data or Services provided by SimuPort without a separate written agreement.

7.3 Monitoring and Enforcement:

• We reserve the right to monitor your usage and investigate any account suspected of generating excessive automated queries or breaching our usage policies.
• If we determine, in our sole discretion, that you are engaging in unauthorized data harvesting or usage beyond your subscription tier, we may suspend or terminate your account and pursue any additional legal remedies available under applicable law.

7.4 Business or Enterprise Plans:

• If you require high-volume access to SimuPort’s Services for legitimate internal business purposes, including AI research or model development, you must contact us in advance to discuss and execute a separate enterprise or commercial licensing agreement.

8. Privacy

Your use of the Services is governed by our Privacy Notice, which outlines how we collect, use, and protect your personal data. By using our Services, you also agree to the terms of our Privacy Notice.

9. Termination

SimuPort reserves the right to suspend or terminate your access to the Services at any time, for any reason, including if you violate these Terms. Upon termination, you must immediately stop using the Services and delete any materials you have downloaded from the platform. Termination will not affect any rights or remedies to which SimuPort is entitled at law or in equity.

10. Disclaimers and Limitation of Liability

10.1 No Warranty: The Services are provided “as is” and without warranties of any kind, either express or implied. SimuPort does not guarantee that the Services will be error-free, secure, or uninterrupted.

10.2 No Guarantee of Results: Simulation outputs are generated based on algorithms, parameters, and assumptions. You acknowledge and agree that such outputs are for informational purposes only and may not be accurate, complete, or suitable for your specific needs. You are solely responsible for verifying the results and for any decisions or actions taken based on those results.

10.3 Limitation of Liability: SimuPort is not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of or inability to use the Services, including but not limited to loss of profits, data, or business opportunities.

11. Indemnification

You agree to indemnify, defend, and hold harmless SimuPort and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, or expenses (including legal fees) arising from:

• Your use of the Services, including any reliance on simulation outputs.
• Your violation of these Terms.
• Any content you submit, including claims that User Content infringes the rights of any third party.

12. Governing Law

These Terms are governed by the laws of Norway, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms will be resolved in the competent courts of Norway.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, along with our Privacy Notice and any other applicable legal notices, constitute the entire agreement between you and SimuPort regarding your use of the Services.

15. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

SimuPort Support Team
Email: support@simuport.com