Article 1 - Object of the Present Agreement
TriAzur is an online platform providing the use of the TriAzur Web Application (also referred to as “Software” in the following) for structural analysis and numerical simulation created and maintained by TriAzur SAS, VAT registration number FR94832851695, registered seat in 29 rue de la Paix, 92700 Colombes, France. In this Agreement,TriAzur SAS agrees to enable the user(s) of the TriAzur Web Application (“Customer” or “Customers”) to use it in accordance with the Articles below.
By using the input data provided or uploaded by the Customer, TriAzur can be used to carry out structural analysis processes. The data provided or uploaded by the Customer are comprised of parameters, settings and other necessary information. Through TriAzur platform, the Customer can discuss personal structural analysis projects, technical problems arising during the simulations and access structural analysis projects already carried out by other Customers (Public projects - see Article 5).
TriAzur SAS hereby reserves the right to make any upgrade to TriAzur Software and Website at any time without notice.
Article 2 - Conclusion of the Contract
In order to use TriAzur Web Application, the Customer must create an Account using the Internet page of TriAzur. All required data must be entered in order to open the Account. The specific set of data requested by TriAzur for the Customer’s publicly visible profile does not need to permit any conclusions on the Customer’s identity. The Customer is free to provide additional information.
Article 3 - Performance of TriAzur
TriAzur grants the use of the Web Application and cloud storage for the projects created by the Customer. Elements from different providers compose the Web Application. TriAzur SAS is thus providing a technological artifact that enables their combined use in the web browser. TriAzur will forward the input data provided by the Customer to computers, where structural analysis and numerical simulation processes will be carried out. The data transmission is always performed in encrypted form, in order to ensure security. TriAzur will send the provided data to external computer centers right after the Customer starts a calculation in their Account.
After performing the computation, the analysis results will be sent to the web server and can be subsequently loaded and analyzed by the Customer in their Account. Computing capacity and cloud storage are rented by TriAzur SAS to allow the use of TriAzur Web Application. TriAzur SAS is made aware of any of the Software’s error reports through the Customer’s use of the application. TriAzur SAS analyzes these error reports to optimize TriAzur, to make it more efficient or to provide advice on the use of the Web Application to the Customer (a non-exhaustive list), while taking extra precaution to guarantee confidentiality and security of Customer data.
The use of the Web Application is granted to the Customer immediately after the Account is activated.
Article 4 - Fees
TriAzur offers Customers the option of Free Accounts or paid Accounts. A Free Account allows the Customer access to a limited number of Software functionalities and storage for structural analysis projects free of charge. However, please note that all projects created through a Free Account are made public (see Article 5 below).
TriAzur SAS retains the right to make any changes to the Web Application functionalities offered through Free Accounts at any time without providing notice.
Paid Accounts allow Customers the use of more Software functionalities and increased storage for structural analysis projects. Usage fees on paid Accounts are charged on monthly or yearly basis, respectively every 30 or 365 days from the activation of the paid Account, to which corresponds the first usage fee payment. Every payment confirmation is sent to the Customer via email.
If the Customer cancels their paid Account, they will be able to access it through the period they already paid for. If the Customer upgrades to a more expensive option, the Customer will be charged the difference and the new Account will be effective immediately. If the Customer downgrades to a less expensive Account during their current subscription, then they must wait until their current subscription expires. During that period, they will have access to the functionalities of their cancelled subscription. After the expiration, the new Account will be operative. In this instance, the Customer should take note that TriAzur SAS may need to make irreversible changes to the Customer’s Account in order to meet the new Account’s requirements. For example, if the less expensive Account offers less storage space and the projects saved by the Customer exceed the new storage limit, then those projects could be deleted. When an Account needs to be changed, TriAzur SAS will notify the Customer via e-mail and make any irreversible changes 10 days after the notification is sent.
Transaction costs will be incurred by the Customer for payment by credit card. All sales are final and no refunds are issued except in extenuating circumstances (for instance, if the Customer paid for an Account but never received it). If TriAzur SAS does not receive payment on the day scheduled for usage fee payment, the Customer will be downgraded to a Free Account until notice that payment is received.
In this instance, the Customer agrees and acknowledges that their projects could be lost due to TriAzur SAS making irreversible changes to their Account to fit the constraints of the Free Account. Again, TriAzur SAS will notify the Customer of this change by email and give the Customer 10 days time to rectify the Account before proceeding with any irreversible changes.
In correspondence with significant upgrades and/or increase of the Web Application functionalities, TriAzur reserves the right to modify the Account usage fees. Such fee modifications will be notified promptly to the Customers via email and will take effect from the next payment of the usage fee. If the Customer does not agree to the fee change, they have the right to downgrade or to cancel their Account.
Article 5 - Public and Non-Public Structural Analysis Projects
Anyone who visits the TriAzur website can access public structural analysis projects, which have been created by TriAzur Customers. If a Customer has a paid Account and moves to a Free Account, their non-public structural analysis projects will remain non-public. However, the Customer will not be able to access them anymore.
TriAzur SAS reserves the right to use any public structural analysis projects for its own marketing purposes and promotion without owing any remuneration to the creator. Additionally, the Customer grants TriAzur SAS all rights to copy public structural analysis projects created with their TriAzur Account and use them. This applies to all technical details, representations, images, and information associated with the public structural analysis project. The Customer also gives other TriAzur SAS Customers the right to publish simulations associated with their work.
Public structural analysis projects are meant to be shared amongst other Customers, therefore the Customer waives the right to acknowledge original sources associated with public structural analysis projects. Structural analysis projects that are made non-public can only be seen by that individually-paid TriAzur Account user. The Customer retains all ownership and intellectual property rights for their own work, except the provisions mentioned in this Terms and Conditions agreement.
Article 6 - Cancellation Right
The Customer can cancel this Agreement within 14 days without reason from the day an Account is opened. To initiate a cancellation, the Customer can send a clear statement (such as an email) stating their decision to cancel the Agreement to “TriAzur SAS, 29 rue de la Paix, 92700, Colombes, France” or email to firstname.lastname@example.org. To comply with the cancellation deadline, Customers should send their notice before the cancellation period expiration.
Article 7 - Required Data
TriAzur SAS reserves the right to use Customer Accounts to record information necessary for invoicing and ensuring access and availability of Customer Accounts. Please note that Customer billing and payment information is not stored by TriAzur SAS, but rather held by companies who are specifically accredited to hold payment information to ensure its security.
Types of information needed to run structural analysis within TriAzur include geometric information, meshing settings, material parameters, support and loading conditions, etc. (a non-exhaustive list). The Customers warrant that they have proper authorization to access, use, and possibly publish data available to them.
The Customer is solely responsible for the accuracy and completeness of the data they provide and transmit through TriAzur. The structural analysis calculations can be performed correctly only from a correct set of data provided by the Customer. TriAzur SAS assumes no liability for the accuracy of the results that may affect the process to be simulated. The Customer is also solely responsible for the completeness and correctness of the data associated with public structural analysis projects that have already been processed, also from other Customers, and that they decide to use or modify for their personal structural analysis projects.
The Customer can access their Account data any time along with the results created through TriAzur. If TriAzur happens to be temporarily unavailable or cannot process data due to technical reasons, TriAzur SAS will promptly remedy the issue except in force majeure events.
Article 8 - No Transfer of the Right of Use
The Customer does not have authorization to transfer their right of use of TriAzur Web Application to third parties. Accounts are designed for single users and the Customer will experience lockout or suspension if one Account is attempted to be used simultaneously in two or more locations, or above the number of allocated devices per month.
If the Customer is suspected of sharing their Account, then TriAzur SAS is entitled to block it. The Customer must maintain their email address provided to TriAzur until the closing process is completed.
Article 9 - Warranty and Limitation of Liability
The correctness of structural calculations performed through TriAzur Web Application is the responsibility of the Customer. The correct use of the Web Application and the interpretation of the results require considerable expertise and judgement, and should therefore not be used for design or construction purposes unless verified by a professional structural engineer.
If the Customer uses the Web Application free of charge, thus with a Free Account, TriAzur SAS is only liable for gross negligence and wrongful intent.
When the Customer accesses a fee-based Account, TriAzur SAS takes responsibility for the functionality of the Web Application, with the provision that software bugs or customary defects cannot technically be excluded. TriAzur SAS will remove these issues promptly after their discovery.
If a defect in the Web Application leads to wrong results, after the cited defect has been remedied, the Customer can repeat the process without being charged. In other circumstances, liability for damage and consequential damage due to defects of the Web Application is limited to gross negligence and wrongful intent.
The correct modeling of the structural system is the responsibility of the Customer, therefore TriAzur SAS assumes no liability on this operation. Liability for TriAzur SAS’s agents is limited to gross negligence and wrongful intent. Liability for data loss within a TriAzur account is limited to gross negligence and wrongful intent.
While customary inadequacies cannot be excluded, TriAzur SAS will be regularly revising TriAzur to keep them to the lowest level possible.
Commercial Customers are obligated to notify TriAzur SAS of any defects they become aware of, including the interaction of components within TriAzur Software.
TriAzur SAS integrates third party software for parts of structural analysis process and assumes a warranty for the functionality of these software only in the case of gross negligence or wrongful intent. TriAzur SAS agrees to report any third-party software problems to its author immediately after their discovery. TriAzur SAS limitation of liability does not apply to health issues, personal injury, or death.
The Customer, at their sole expense, will defend, insure, and hold TriAzur SAS harmless with respect to any loss or damage incurred in connection to any lawsuit or proceeding brought forth by a third party against TriAzur SAS (including attorney fees and costs) based upon:
- Claims related to Customer use of TriAzur Software except where it is alleged that TriAzur SAS infringes or plainly shows wrongful use of any trade secret, patent, third-party trademark or patent;
- Claims related to any omission or acts by the Customer: In this case, the Customer will pay for any costs and damages brought forth against TriAzur SAS (or payable in a settlement agreement) in connection to the lawsuit.
Article 10 - Agreement Termination
The Customer is free to delete their Account after the usage fees have been payed. After blocking the Customer Account according to Article 8 above, or after termination by the Customer, TriAzur SAS has the right to delete the Customer Account, and will subsequently delete all other Customer information within 10 days.
The Customer must retain their email address used for the Account until TriAzur SAS informs the Customer that all payments have been received.
Article 11 - Severability Clause
Individual provisions that become contestable or invalid should not affect the validity or applicability of other clauses set in this Agreement. This provision shall be interpreted in a way that its intended purpose and meaning is achieved.
Article 12 - Law and Jurisdiction
This Agreement exclusively applies to France substantive law without prejudice of consumer protection mandatory conduct. Exclusive venue and jurisdiction is given to the Court of Paris in regards to any disputes coming from this Agreement.
Article 13 - Final Provisions
All amendments to this Agreement shall be received in written form for it to be effective.