Welcome to NumericalAI, a cloud-based simulation platform ("Platform") operated by Empirisch Tech GmbH, Rennweg 88, 1030 Vienna, Austria ("we", "us", "our").

These Terms of Use ("Terms") govern your access and use of https://cem.numericalai.net "Site") and the related CEM online services, including uploading Palace simulation data, running cloud electromagnetic simulations, and receiving AI-assisted guidance ("Services").

By creating an account or using the Platform, you agree to these Terms.

1. Operator Information (Impressum Requirement)

Empirisch Tech GmbH, legally represented by the managing director Dr. Wasif Masood

Rennweg 88, 1030 Vienna, Austria

Legal Form: Limited Liability (Ltd./GmbH)

Object of the company: IT Consulting

Corporate register number: FN 566531 i

Corporate register court: Handelsgericht Wien

Member of WKO (Wirtschaftskammer Österreich)

Awarding country: Austria

Responsible for content according to § 55 RStV: Dr. Wasif Masood

2. Eligibility

To use the Platform, you must meet all of the following requirements:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction
• Have full legal capacity to enter into binding agreements under applicable law
• If acting on behalf of a company, organization, or other legal entity, have the authority to bind that entity to these Terms
• Not be located in, or a resident of, any country subject to export restrictions or sanctions (including but not limited to: Cuba, Iran, North Korea, Syria, and the Crimea region)
• Not be listed on any government prohibited or restricted parties list
• Have access to the internet and equipment necessary to use the Platform

By creating an account, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time and to refuse service, terminate accounts, or cancel orders if eligibility requirements are not met.

The Platform is intended for professional, academic, and research use. Users should have appropriate technical knowledge to interpret and apply simulation results responsibly.

3. Account Registration and Security

3.1 Registration Requirements. To access the Platform's services, you must create an account by providing accurate, current, and complete information including your name, email address, and any other required details. You agree to update this information promptly if it changes.

3.2 Account Security. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account, whether authorized by you or not
• Notifying us immediately at support if you suspect unauthorized access or security breaches
• Not sharing your account or credentials with any third party
• Using strong, unique passwords and enabling additional security measures when available

3.3 One Account Policy. Each individual or entity may maintain only one active account. Creating multiple accounts to circumvent usage limits, bans, or to abuse promotional offers is strictly prohibited and grounds for immediate termination.

3.4 Account Suspension and Termination. We may, at our sole discretion and without prior notice, suspend or permanently terminate your account if:

• You violate these Terms of Service or any applicable laws
• You provide false, misleading, or fraudulent information
• You engage in abusive, harmful, or unauthorized use of the Platform
• Your account is used for illegal activities or export-controlled purposes
• We are required to do so by law or regulatory authority
• Your account remains inactive for an extended period (typically 24 months)

3.5 Effect of Termination. Upon account termination, your right to access the Platform ceases immediately. Any unused credits or prepaid services are non-refundable unless otherwise required by law. We may retain certain data as required for legal, tax, or audit purposes as described in our Privacy Policy.

4. Scope of Services

4.1 Core Simulation Services

The CEM Platform provides cloud-based computational electromagnetics (CEM) simulation services powered by Palace, including:

• Palace (3D finite-element electromagnetics) simulations executed on GPU hardware
• Eigenmode, frequency-domain, and time-domain electromagnetic analysis
• File upload (ZIP archives containing config.json, meshes, and related simulation data)
• Job queuing, execution, monitoring, and result download
• Estimated simulation runtime based on the average time per step of the simulation and is subject to change at run time
• Secure cloud storage of simulation inputs and outputs
• User dashboard for managing simulations, credits, and settings

4.2 Preflight Validation Pipeline

Before simulation execution, all submitted jobs undergo mandatory preflight checks on the uploaded ZIP archive:

• JSON Syntax Check: Validates config.json structure and detects potential security threats (malware scanning). Required for all users.
• System Configuration Check: Verifies Palace simulation parameters and system compatibility. Required for all users.
• Mesh Reference Check: Verifies that mesh files referenced in config.json are present and accessible in the archive. Required for all users.
• Grid Resolution Analysis: Evaluates mesh quality and resolution settings. Optional for Premium users.
• AI-Assisted Review: Provides optimization recommendations and error detection. Optional for Premium users.

4.3 User Tiers

• €1 Starter Users: Receive two (2) hours of compute time with standard preflight validation, activated via a one-time €1 account fee.
• Premium Users: Access to advanced AI-assisted validation, debugging tools, priority queue, and additional compute credits.
• Enterprise Users: Unlimited compute time on desired GPUs, dedicated queue, unlimited parallel simulations, and custom support arrangements.

4.4 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. Simulation processing times depend on queue length, job complexity, and computational resources. The estimated simulation runtime is based on the average time per step of the simulation and is subject to change at run time. This is an estimate and is not a guarantee of the actual runtime.

5. AI-Assisted Features and Limitations

5.1 Nature of AI Services

The Platform integrates artificial intelligence to assist users with simulation setup, validation, and optimization. AI-assisted features include:

• Automated code review and syntax validation
• Security scanning and malware detection
• Grid quality analysis and mesh recommendations
• Performance optimization suggestions
• Error detection and diagnostic hints
• Computational model improvement recommendations

5.2 No Professional Advice

AI-generated outputs, including tips, analyses, suggestions, and recommendations:

• Are provided for informational and educational purposes only
• Are automatically generated without human review or verification
• Do not constitute professional engineering, scientific, legal, or technical advice
• Must not be used as the sole basis for safety-critical, structural, regulatory, or life-affecting decisions
• Require independent validation and verification by qualified professionals
• May be inaccurate, incomplete, outdated, or unsuitable for your specific use case

5.3 No Accuracy or Fitness Guarantee

AI outputs are probabilistic in nature. We expressly disclaim any warranty or guarantee regarding:

• Accuracy, correctness, or completeness of AI suggestions
• Reliability or consistency of AI-generated analyses
• Fitness for any particular purpose or application
• Suitability for regulatory compliance or certification purposes
• Absence of errors, bugs, or misleading recommendations

5.4 User Responsibility

You acknowledge and agree that you are solely responsible for:

• Independently verifying and validating all AI outputs before reliance
• Ensuring simulation correctness, accuracy, and applicability to your specific use case
• Making all engineering, technical, scientific, and business decisions
• Evaluating and interpreting AI suggestions with appropriate professional judgment
• Obtaining independent expert review for safety-critical or high-stakes applications
• Any consequences arising from your use or misuse of AI-generated content

5.5 Simulation Results Disclaimer

Simulation results generated by the Platform are computational approximations based on the inputs, parameters, and models you provide. Results may differ from real-world physical behavior due to modeling assumptions, numerical approximations, mesh resolution, and other factors. You must independently validate all simulation results against experimental data or established benchmarks before applying them to real-world engineering decisions, product designs, or safety assessments.

6. Compliance with EU AI Regulations

6.1 AI Act Classification

The Platform utilizes general-purpose AI components for code analysis, validation, and optimization suggestions. These AI systems are designed as assistive tools and are not intended for autonomous decision-making in regulated or safety-critical applications.

6.2 Prohibited High-Risk Applications

You expressly agree not to use AI-generated outputs from this Platform for, or in connection with, any of the following high-risk applications as defined under the EU AI Act and related regulations:

• Critical infrastructure: Energy, water supply, transportation, telecommunications, or other essential services
• Safety components: Structural engineering, load-bearing systems, pressure vessels, or any components where failure could cause injury or death
• Medical and healthcare: Medical devices, diagnostic tools, treatment planning, pharmaceutical development, or life sciences applications
• Aviation and aerospace: Aircraft design, flight systems, space vehicles, or any aviation-certified components
• Autonomous systems: Self-driving vehicles, drones, robotics, or any systems operating without human oversight
• Nuclear applications: Nuclear power, radioactive materials handling, or related safety systems
• Defense and weapons: Military applications, weapons systems, or dual-use technologies subject to export controls
• Regulatory submissions: Certification processes, regulatory compliance documentation, or official technical assessments without independent expert verification

6.3 Transparency and Human Oversight

In accordance with EU AI Act transparency requirements:

• All AI-generated outputs are clearly labeled as such within the Platform
• AI suggestions require human review and approval before implementation
• You must maintain human oversight when using any AI-assisted features
• You must not represent AI outputs as human-generated professional advice

6.4 User Notification Obligations

You agree to notify us immediately via the contact form if:

• You intend to integrate AI outputs into any regulated environment or product
• You discover that AI outputs have been used in a prohibited application
• You become aware of any harm or potential harm resulting from AI outputs
• Third parties request access to AI-generated content for regulatory purposes

6.5 Consequences of Non-Compliance

Violation of these AI usage restrictions may result in immediate account suspension or termination, reporting to relevant regulatory authorities, and you assuming full liability for any resulting damages, fines, or legal consequences. We reserve the right to cooperate with regulatory investigations related to misuse of AI features.

7. User Content

7.1 Definition of User Content

"User Content" includes all materials you upload, submit, or create on the Platform, including but not limited to:

• Simulation configuration files (config.json and related Palace input files)
• ZIP archives containing simulation data, meshes, and input parameters
• Job names, descriptions, and metadata
• Simulation results, outputs, and generated data files
• Archives and configuration files submitted for preflight validation and analysis
• Code submitted for validation and analysis
• Communications sent through the Platform (support requests, feedback)

7.2 Ownership and Intellectual Property

You retain all ownership rights, intellectual property rights, and proprietary interests in your User Content. We do not claim any ownership over your simulations, models, data, or results. Your trade secrets, proprietary algorithms, and confidential information remain yours.

7.3 License Grant to Process

By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

• Store, host, and backup User Content on our servers and cloud infrastructure
• Process and execute simulations according to your instructions
• Analyze submitted archives through our preflight validation pipeline (JSON syntax check, system configuration check, mesh reference check)
• Analyze code through our validation pipeline (Python check, system check, grid check)
• Apply AI-assisted analysis for error detection, optimization, and suggestions
• Generate and deliver simulation results to you
• Create anonymized, aggregated statistics for service improvement (no individual data shared)
• Use parts of simulation data to improve and train our AI models (only when you have explicitly consented in your account settings). See section 3.3 of our privacy policy for details.

This license is limited to the purposes of providing the Platform services and terminates upon deletion of your account or User Content, except as required for legal compliance.

7.4 AI Processing Disclosure

Your User Content may be processed by AI systems for:

• Security scanning and malware detection
• Syntax validation and error identification
• Grid quality and mesh resolution analysis
• Performance optimization recommendations
• Computational model improvement suggestions

7.5 Data Retention and Deletion

• Simulation files and results are retained while your account is active
• You may delete individual jobs and their associated data at any time via the Jobs page
• Upon account deletion, all personal, usage, and simulation data is permanently deleted
• Billing records are retained for seven (7) years after the last purchase as required by tax and accounting laws
• Anonymized, aggregated analytics data may be retained indefinitely

7.6 Prohibited Content

You represent and warrant that your User Content does not:

• Infringe any third-party intellectual property rights (patents, copyrights, trade secrets)
• Contain malicious code, viruses, malware, or security exploits
• Include unlawful, harmful, threatening, or harassing material
• Contain personal data of third parties without proper consent or legal basis under GDPR
• Violate export control laws, sanctions, or regulations (ITAR, EAR, EU dual-use)
• Relate to weapons development, nuclear technology, or controlled military applications
• Constitute classified, restricted, or government-controlled information
• Violate any applicable local, national, or international laws

7.7 Content Moderation and Removal

In compliance with the EU Digital Services Act (DSA) and our security obligations:

• We may scan uploaded content for security threats and policy violations
• We reserve the right to reject, block, or remove content that violates these Terms
• Content flagged as malware during validation will be automatically rejected
• We may suspend accounts pending investigation of suspected violations
• We will respond to valid legal requests and court orders regarding User Content
• We provide a mechanism for reporting illegal content through our contact form

7.8 Your Responsibility and Indemnification

You are solely responsible for your User Content and any consequences of uploading or sharing it. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your User Content, including claims of intellectual property infringement, export control violations, or data protection breaches caused by your submissions.

8. Acceptable Use Policy

8.1 General Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Your use must comply with all applicable local, national, EU, and international laws and regulations.

8.2 Prohibited Activities

You expressly agree NOT to:

• Legal violations: Use the Platform in violation of EU, German, Austrian, or any other applicable laws, including data protection (GDPR), export control, and sanctions regulations
• Security interference: Attempt to probe, scan, test, or breach the security or authentication measures of the Platform or its infrastructure
• System disruption: Interfere with, disrupt, or create an undue burden on the Platform's servers, networks, or connected systems
• Malicious content: Upload, transmit, or execute malware, viruses, trojans, ransomware, or any code designed to harm, exploit, or gain unauthorized access
• Resource abuse: Run simulations designed to consume excessive computational resources, exploit system vulnerabilities, or deny service to other users
• Reverse engineering: Decompile, disassemble, reverse engineer, or attempt to derive the source code, algorithms, or architecture of the Platform
• Circumvention: Bypass, disable, or interfere with security features, usage limits, credit systems, or access controls
• Unauthorized access: Access accounts, data, or systems belonging to other users without authorization
• AI misuse: Use AI features for high-risk, regulated, or prohibited applications as specified in Section 6 (EU AI Act Compliance)
• Impersonation: Misrepresent your identity, affiliation, or the origin of content submitted to the Platform

8.3 Fair Use and Rate Limits

• You agree to use the Platform fairly and not to monopolize shared computational resources
• We may implement rate limits, queue prioritization, or usage caps to ensure equitable access
• Automated or scripted access (bots, scrapers, automated job submission) is strictly prohibited
• API access, if provided, must be used in accordance with any published API terms and rate limits

8.4 Account Integrity

• You may not share, sell, transfer, or sublicense your account or credentials to third parties
• You may not create multiple accounts to circumvent usage limits, bans, or promotional restrictions
• You may not use the Platform for competitive intelligence, benchmarking against competing services, or to develop competing products without our consent

8.5 Export Control Compliance

You acknowledge that simulation software and computational electromagnetics tools may be subject to export control regulations. You agree not to:

• Use the Platform for purposes prohibited under US Export Administration Regulations (EAR), EU dual-use regulations, or other applicable export laws
• Submit content related to weapons development, nuclear applications, or other controlled technologies
• Access the Platform from, or transfer results to, sanctioned countries or prohibited parties

8.6 Enforcement

We reserve the right to investigate suspected violations and take appropriate action, including warning, temporary suspension, permanent termination, content removal, and reporting to law enforcement or regulatory authorities. We may cooperate with legal requests and preserve evidence of violations. Violations may result in forfeiture of unused credits without refund.

9. Simulation Output and Results

9.1 Ownership of Output

Simulation outputs, results, data files, visualizations, and reports generated from your User Content ("Simulation Output") belong to you, subject to the following conditions:

• Underlying third-party tool licenses (e.g., Palace solver)
• Any applicable open-source licenses governing simulation tools
• Technical limitations of the Platform
• These Terms of Service

9.2 Downloading and Access

• Simulation Output is available for download via the Jobs page while your account is active
• Results are provided as ZIP archives containing output data files
• Download links are time-limited and authenticated for security purposes
• We do not guarantee indefinite storage of Simulation Output; you are responsible for downloading and backing up your results
• Results from deleted jobs cannot be recovered

9.3 No Warranty or Guarantee of Accuracy

Simulation Output, including any AI-assisted analysis or suggestions, is provided "AS IS" without warranty of any kind. We expressly disclaim all warranties regarding Simulation Output, including:

• Accuracy, correctness, or precision of numerical results
• Completeness or comprehensiveness of output data
• Fitness for any particular purpose, application, or use case
• Conformance with experimental data, theoretical predictions, or real-world behavior
• Suitability for engineering design, safety analysis, or regulatory submissions
• Absence of numerical errors, convergence issues, or computational artifacts

9.4 Limitations of Computational Simulation

You acknowledge that computational simulations are mathematical approximations subject to inherent limitations including:

• Modeling assumptions and simplifications
• Numerical discretization and truncation errors
• Mesh resolution and quality effects
• Boundary condition approximations
• Material model and boundary condition limitations
• Hardware floating-point precision

9.5 Verification and Validation Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

• Independently verifying and validating all Simulation Output before any use or reliance
• Comparing results against analytical solutions, experimental data, or established benchmarks
• Conducting mesh independence studies and convergence analyses
• Obtaining professional engineering review for any design or safety-related applications
• Ensuring compliance with applicable industry standards, codes, and regulations
• Making all final engineering, scientific, and business decisions based on your own judgment

9.6 Publication and Attribution

If you publish, present, or share Simulation Output in academic papers, reports, or public forums:

• You may acknowledge the use of NumericalAI and the Palace solver if appropriate
• You remain solely responsible for the accuracy and interpretation of published results
• Publication does not imply endorsement or verification by NumericalAI
• You must comply with any citation requirements of underlying open-source tools

9.7 Liability for Downstream Use

You assume all risk and liability for any downstream use of Simulation Output, including use in product design, engineering analysis, regulatory submissions, academic publications, or commercial applications. We are not liable for any damages, losses, injuries, or consequences arising from your use of, reliance on, or decisions based on Simulation Output.

10. Service Availability and Uptime

10.1 Availability Goals

We strive to maintain high availability and reliable access to the Platform. However, we do not guarantee uninterrupted, error-free, or continuous service. The Platform is provided on an "as available" basis.

10.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily limits or suspends access to the Platform. Where practicable, we will provide advance notice of planned maintenance via email or Platform notifications. Maintenance windows are typically scheduled during low-usage periods.

10.3 Unplanned Outages

Temporary outages may occur due to:

• Technical failures, hardware malfunctions, or software bugs
• Network connectivity issues or third-party service disruptions
• Security incidents requiring immediate response
• Excessive demand or resource constraints
• Updates, upgrades, or emergency patches

10.4 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet infrastructure failures, cyberattacks, or actions of third-party providers.

In the event of force majeure circumstances, we expressly disclaim all liability for any data loss, corruption, or destruction of User Content and Simulation Output, regardless of cause. This includes, but is not limited to, loss resulting from server failures, storage system malfunctions, security breaches, or infrastructure damage occurring during such events.

You acknowledge that maintaining independent backups of all critical data is your sole responsibility, and you waive any claims against us for data loss arising from force majeure events.

10.5 Limitation of Liability for Service Interruptions

In accordance with Austrian law (Allgemeines Bürgerliches Gesetzbuch - ABGB):

• We are not liable for damages resulting from temporary service unavailability, except in cases of gross negligence (grobe Fahrlässigkeit) or willful misconduct (Vorsatz) pursuant to §§ 1295 ff ABGB
• We are not liable for data loss during outages unless caused by our gross negligence or intentional acts (§ 1324 ABGB)
• Our liability is limited to foreseeable, typically occurring damages; liability for slight negligence (leichte Fahrlässigkeit) regarding purely financial losses is excluded to the extent permitted by law
• These limitations do not apply to damages arising from injury to life, body, or health, nor do they affect mandatory consumer protection rights under the Konsumentenschutzgesetz (KSchG)

10.6 No Compensation for Downtime

Unless otherwise agreed in a separate Enterprise service level agreement (SLA), you are not entitled to credits, refunds, or compensation for service interruptions or downtime. Compute credits are not consumed during periods when the Platform is unavailable for processing.

11. Fees, Payment, and Credits

11.2 Pricing and Taxes

Displayed Prices: All prices shown on the Platform are net prices, exclusive of Value Added Tax (VAT) or other applicable taxes.

VAT for EU Consumers (B2C): If you are an individual consumer located in the European Union, VAT will be calculated and applied at checkout based on your billing address, in accordance with EU VAT rules for digital services. The applicable VAT rate is determined by your country of residence. Stripe, our payment processor, handles VAT calculation and collection automatically.

VAT for EU Business Customers (B2B): If you are a business customer with a valid VAT identification number (VAT ID) registered in an EU member state, the reverse charge mechanism may apply. To qualify for reverse charge:

• You must provide your company name, address, and valid VAT ID during checkout
• Your VAT ID must be verifiable through the EU VIES (VAT Information Exchange System)
• A separate invoice will be issued showing the reverse charge notation
• You are responsible for self-assessing and reporting VAT in your jurisdiction

Non-EU Customers: If you are located outside the European Union, VAT generally does not apply. However, you are solely responsible for any import duties, local taxes, or fees imposed by your jurisdiction.

Invoices: Invoices are generated automatically and available through the Stripe Customer Portal accessible from your Settings page. For business invoices requiring company details, please ensure your information is complete and accurate at checkout.

11.3 Payment Processing

• Payments are processed securely through Stripe, Inc., a PCI-DSS compliant payment processor
• We accept major credit cards and other payment methods supported by Stripe
• Payment is due immediately upon purchase; credits are activated after successful payment confirmation
• We do not store your complete payment card details; this information is handled exclusively by Stripe
• You may manage your payment methods and billing history through the Stripe Customer Portal accessible from Settings

11.4 Failed Payments

If a payment fails, credits will not be activated. You may retry the payment or use an alternative payment method. We are not responsible for fees charged by your bank or payment provider for declined transactions.

11.5 Credit Usage and Expiration

• Credits are consumed based on actual GPU compute time used for simulations
• Processing time includes job initialization, computation, and data transfer overhead
• Credit Expiration: Purchased credit hours are valid for 12 months from the date of purchase. After this period, unused credits will expire. This limitation complies with §6 KSchG and is necessary for operational planning and technical maintenance. You may contact us before expiry to request an extension in special cases.
• You will receive email notifications prior to credit expiration (typically 30 days and 7 days before expiry)
• Credits are non-transferable between accounts and cannot be exchanged for cash
• Expired credits cannot be reinstated, extended, or refunded

Important: By purchasing credits, you acknowledge and accept the 12-month expiration period. We recommend using credits promptly to avoid forfeiture.

11.6 Refunds and Cancellations

Our refund and cancellation policies comply with EU and Austrian/German consumer protection laws:

• If you are a consumer residing in the EU, you have the right to withdraw from your purchase within 14 days under the EU Distance Selling Regulations (see Section 16 – Consumer Rights).
• Refunds for unused simulation credits may be requested during the withdrawal period, provided the service has not been partially or fully consumed.
• If you expressly request that the service begin during the 14-day withdrawal period, you acknowledge that your right of withdrawal is lost once the service has been fully performed or partially consumed. Any simulation hours already used are non-refundable.
• Subscriptions may be cancelled at any time and will remain active until the end of the current billing period.
• All refund and cancellation requests must be submitted through the contact form available under Account Settings.

11.7 Promotion Codes and Discounts

Promotional codes, discounts, or special offers are subject to their specific terms and conditions. Promotions may not be combined unless explicitly stated. We reserve the right to modify or discontinue promotions at any time. Abuse of promotional offers may result in account suspension.

12. Data Storage, Retention, and Deletion

12.1 Storage of User Content

We store your User Content (simulation files, code, inputs) and Simulation Output (results, data files) on secure cloud infrastructure while your account is active. Storage is provided at no additional cost for all pricing tiers, subject to reasonable use limits.

12.2 Your Backup Responsibility

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

While we implement reasonable security and redundancy measures, you should:

• Download and store local copies of all important Simulation Output promptly
• Maintain your own backups of uploaded User Content
• Not rely solely on the Platform for long-term archival storage
• Export critical data before account deletion or extended inactivity

12.3 Data Deletion Triggers

Your data may be deleted under the following circumstances:

• User-initiated deletion: When you delete individual jobs via the Jobs page or request account deletion
• Account inactivity: Accounts inactive for 24 months or more may be subject to data cleanup after notice
• Account termination: Upon account closure (voluntary or due to Terms violation), all associated data is deleted
• GDPR deletion request: Upon valid exercise of your right to erasure under Article 17 GDPR
• Legal requirement: If required by court order or regulatory directive

12.4 Retention Periods

• Simulation data: Retained while your account is active; deleted upon account termination
• Account information: Deleted upon account closure, subject to legal retention requirements
• Billing records: Retained for seven (7) years after the last transaction as required by Austrian tax and accounting law (Bundesabgabenordnung - BAO, Unternehmensgesetzbuch - UGB)
• Security logs: May be retained for up to 12 months for fraud prevention and security purposes
• Anonymized analytics: May be retained indefinitely in aggregated, non-identifiable form

12.5 Deletion Process

Upon deletion:

• Data is marked for deletion and removed from active systems
• Backup copies may persist for up to 30 days before complete removal
• Deletion is permanent and irreversible; data cannot be recovered
• You will receive confirmation of account deletion via your registered email

12.6 No Liability for Data Loss

We are not liable for data loss resulting from your failure to maintain backups, user-initiated deletions, account inactivity, or circumstances described in Section 10 (Service Availability). Liability for data loss due to our gross negligence or willful misconduct is governed by Austrian law (§§ 1295 ff ABGB).

In the event of force majeure circumstances, we expressly disclaim all liability for any data loss, corruption, or destruction of User Content and Simulation Output, regardless of cause. This includes, but is not limited to, loss resulting from server failures, storage system malfunctions, security breaches, or infrastructure damage occurring during such events.

You acknowledge that maintaining independent backups of all critical data is your sole responsibility, and you waive any claims against us for data loss arising from force majeure events or any other circumstances beyond our reasonable control.

13. Intellectual Property Rights

13.1 Platform Ownership

The Platform, including all software, source code, algorithms, AI models, machine learning systems, user interface designs, graphics, documentation, APIs, and all related intellectual property ("Platform IP") is owned by Empirisch Tech GmbH and is protected by Austrian, EU, and international copyright, trademark, patent, and trade secret laws.

13.2 Trademarks and Branding

"NumericalAI," associated logos, and all related names, marks, and slogans are trademarks or service marks of Empirisch Tech GmbH. You may not use these marks without our prior written consent, except as reasonably necessary to identify the Platform as the source of your Simulation Output.

13.3 Limited License to Use Platform

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business, research, or educational purposes. This license does not include:

• Any right to sublicense, resell, or redistribute access to the Platform
• Permission to use the Platform to provide services to third parties
• Any ownership interest in the Platform IP

13.4 Prohibited Activities

You expressly agree NOT to:

• Copy, reproduce, modify, adapt, or create derivative works of the Platform or any component thereof
• Reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or data structures from the Platform
• Remove, alter, or obscure any copyright notices, trademarks, or proprietary legends
• Use automated tools to scrape, extract, or copy Platform content or data
• Attempt to bypass, disable, or circumvent any security, licensing, or access control measures
• Use the Platform to develop competing products or services
• Sublicense, rent, lease, or lend your access to third parties

13.5 Your Content

As stated in Section 7, you retain all intellectual property rights in your User Content and Simulation Output. Nothing in these Terms transfers ownership of your proprietary data, models, or results to us.

13.6 Feedback and Suggestions

If you provide feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Platform without obligation or compensation to you. You waive any moral rights in such Feedback.

13.7 Copyright Infringement Claims

If you believe that content on the Platform infringes your copyright, please contact us via the Settings contact form with: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material, (c) your contact information, and (d) a statement of good faith belief that the use is unauthorized. We will respond in accordance with applicable Austrian and EU law.

14. Third-Party Software and Services

14.1 Simulation Tools

The Platform utilizes third-party simulation software, including:

• Palace: An open-source 3D finite-element electromagnetics solver. Your use of Palace-generated results is subject to the Palace license terms.
• Additional solvers and libraries as may be added to the Platform

You are responsible for complying with all applicable third-party license terms when using Simulation Output for publication, commercial purposes, or redistribution.

14.2 Third-Party Service Providers

The Platform integrates with third-party service providers including:

• Stripe, Inc.: Payment processing and billing management
• Cloudflare, Inc.: Security, bot protection (Turnstile), and content delivery
• Cloud infrastructure providers: Server hosting and GPU compute resources

Your use of the Platform constitutes acceptance of these providers' terms of service and privacy policies. We are not responsible for the actions, policies, or practices of third-party providers.

14.3 Open Source Components

The Platform may include open-source software components subject to their respective licenses (e.g., MIT, BSD, Apache 2.0, GPL). A list of open-source components and their licenses is available upon request. Nothing in these Terms restricts your rights under applicable open-source licenses.

14.4 No Warranty for Third-Party Components

Third-party software and services are provided "AS IS" without warranty. We do not guarantee:

• Accuracy or reliability of third-party simulation tools
• Continued availability of third-party services
• Compatibility with your specific use case
• That third-party components are free from defects or security vulnerabilities

14.5 Attribution and Citation Requirements

Required Attribution: When publishing, presenting, or distributing Simulation Output in the following contexts, you must provide attribution to NumericalAI:

• Academic papers, journal articles, theses, and dissertations
• Conference presentations and scientific posters
• Technical reports and white papers
• Commercial deliverables provided to clients or customers
• Marketing materials, case studies, or promotional content
• Any context where simulation methodology is described

Suggested Citation Format:

"Simulations performed using NumericalAI CEM (https://cem.numericalai.net), powered by Palace."

Requested Attribution: For informal sharing on social media platforms (LinkedIn, Twitter/X, etc.), we request but do not require that you acknowledge NumericalAI when sharing simulation results, visualizations, or insights generated using the Platform. A simple mention or tag is appreciated and helps support our community.

Prohibited Misrepresentation: You may NOT:

• Claim that NumericalAI, Empirisch Tech GmbH endorses your work, conclusions, or organization
• Suggest official partnership or affiliation without written agreement
• Remove or obscure any attribution, watermarks, or metadata embedded in outputs
• Misrepresent the origin of simulation results

15. Export Control and Restricted Use

15.1 Export Control Regulations

The Platform, including simulation software, AI systems, and generated results, may be subject to export control laws and regulations, including:

• EU Dual-Use Regulation (EU) 2021/821
• Austrian Foreign Trade Act (Außenwirtschaftsgesetz - AußWG)
• U.S. Export Administration Regulations (EAR), where applicable
• International Traffic in Arms Regulations (ITAR), where applicable
• EU and UN sanctions regimes

15.2 Prohibited Applications

You expressly agree NOT to use the Platform, its AI features, or any Simulation Output for:

• Weapons development: Design, development, production, or testing of nuclear, chemical, biological, or conventional weapons, missiles, or delivery systems
• Military applications: Defense systems, military vehicles, ordnance, or other military end-uses without proper authorization
• Nuclear activities: Nuclear weapons programs, uranium enrichment, plutonium processing, or unsafeguarded nuclear facilities
• Dual-use technologies: Applications listed in Annex I of EU Regulation 2021/821 without appropriate export licenses
• Surveillance systems: Mass surveillance, human rights violations, or repression technologies
• Sanctioned parties: Any activities involving sanctioned individuals, entities, or countries

15.3 Sanctioned Countries and Parties

You may not access the Platform from, or transfer any results or technology to, countries subject to comprehensive sanctions, including but not limited to:

• North Korea (DPRK)
• Iran
• Syria
• Cuba
• Crimea, Donetsk, and Luhansk regions
• Any other countries or regions subject to EU, UN, or applicable sanctions

You must not provide access to, or share results with, any individual or entity listed on EU, UN, or other applicable sanctions or denied party lists.

15.4 User Representations and Warranties

By using the Platform, you represent and warrant that:

• You are not located in, or a national or resident of, any sanctioned country
• You are not listed on any sanctions or denied party list
• You will not use the Platform for any prohibited end-use
• You will obtain all required export licenses or authorizations before any controlled transfer
• You will notify us immediately if you become aware of any potential export control violation

15.5 Consequences of Violation

Violation of export control laws or this Section 15 may result in:

• Immediate account suspension or termination without notice
• Forfeiture of all credits and data without refund
• Reporting to relevant authorities (Austrian, EU, or international)
• Civil and criminal penalties under applicable law
• Liability for all damages, fines, and legal costs incurred by us

15.6 Our Right to Restrict Access

We reserve the right to screen users and transactions, restrict access from certain jurisdictions, require additional documentation, and refuse service to any user we reasonably believe may violate export control laws, in our sole discretion and without liability.

16. EU Consumer Rights

16.1 Right of Withdrawal (Widerrufsrecht)

Under the EU Consumer Rights Directive (2011/83/EU) and Austrian FAGG (Fern- und Auswärtsgeschäfte-Gesetz), you have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period expires 14 days from the day of contract conclusion (i.e., date of purchase).

To exercise your right of withdrawal, you must inform us of your decision by a clear statement using the contact form available under Account Settings.

16.2 Exception for Digital Services

As stated in Section 11.6, your right of withdrawal expires once you have:

• Explicitly consented to immediate performance of the service before the withdrawal period expires, AND
• Acknowledged that you will lose your right of withdrawal once the service is fully performed

For simulation credits, this means once you have consumed credits by running simulations, those consumed credits are non-refundable. Unused credits remain subject to the 14-day withdrawal right.

16.3 Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, minus the value of any services already consumed, without undue delay and no later than fourteen (14) days from the day we receive your withdrawal notice. We will use the same payment method you used for the original transaction unless you have expressly agreed otherwise.

17. Privacy, Data Protection & GDPR Compliance

17.1 Legal Framework

We process personal data in accordance with:

• EU General Data Protection Regulation (GDPR - Regulation 2016/679)
• Austrian Data Protection Act (Datenschutzgesetz - DSG)
• EU ePrivacy Directive (2002/58/EC) regarding cookies and electronic communications
• Our Privacy Policy, available here

17.2 Consent for AI Model Training

We offer an optional setting that allows you to consent to the use of your anonymized simulation data for improving our AI models. This consent is:

• Voluntary: Disabled by default; you must explicitly opt-in via Account Settings
• Revocable: You can withdraw consent at any time by disabling the setting; future data will no longer be used for training
• Anonymized: Only anonymized and aggregated data is used; no personally identifiable information is included in training datasets
• Separate from service: Your choice does not affect your access to any Platform features

Legal basis: Article 6(1)(a) GDPR - Consent

17.8 Exercising Your Rights

To exercise any of your data protection rights:

• Use the contact form in your Settings page
• For account deletion: Use the "Delete Account" feature in Settings

We will respond to your request within 30 days, as required by GDPR. We may request identity verification before processing your request. For full details on how we handle your data, please review our Privacy Policy.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPIRISCH TECH GMBH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL LIABILITY FOR ANY DAMAGES, CLAIMS, OR LOSSES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, AI FEATURES, SIMULATION OUTPUT, OR ANY SERVICES PROVIDED.

This includes, without limitation:

• Any direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Incorrect, incomplete, or misleading AI outputs or simulation results
• Any decisions, designs, or actions based on Platform outputs
• Service interruptions, data loss, or security breaches
• Third-party claims arising from your use of outputs

YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, AI FEATURES, AND SIMULATION OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

In any event, our total aggregate liability shall not exceed EUR 100 or the amount you paid us in the three (3) months preceding the claim, whichever is less.

You agree to fully indemnify and hold harmless Empirisch Tech GmbH from any claims, damages, and expenses arising from your use of the Platform or any outputs generated.

19. Indemnification

19.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Empirisch Tech GmbH, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your access to or use of the Platform, AI features, or Simulation Output
• Your User Content, including any claims of intellectual property infringement
• Your violation of these Terms of Service or any applicable laws or regulations
• Your violation of export control laws, sanctions, or restricted use provisions
• Your reliance on or implementation of AI-generated outputs without proper verification
• Your use of AI outputs or Simulation Output in regulated, high-risk, or safety-critical applications
• Any products, services, or systems you develop using Simulation Output
• Any third-party claims resulting from your actions or omissions
• Your breach of any representations or warranties made in these Terms
• Any unauthorized access to or use of the Platform through your account

19.2 Defense and Control

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim and provide all reasonably requested assistance at your expense.

19.3 Notification

We will provide you with prompt written notice of any claim for which we seek indemnification. However, failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such delay.

19.4 Survival

Your indemnification obligations under this Section shall survive termination or expiration of these Terms and your use of the Platform.

20. Modifications to Terms and Services

20.1 Right to Modify Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. Changes may be made for any reason, including but not limited to:

• Legal or regulatory compliance requirements
• Changes in applicable laws (EU AI Act, GDPR, export controls, etc.)
• Security or operational improvements
• New features, services, or pricing changes
• Clarification of existing provisions

20.2 Notification of Changes

For material changes, we will provide notice by:

• Posting the updated Terms on the Platform with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice upon login

For non-material changes, posting updated Terms on the Platform shall constitute sufficient notice. It is your responsibility to review the Terms periodically.

20.3 Acceptance of Changes

YOUR CONTINUED USE OF THE PLATFORM AFTER THE EFFECTIVE DATE OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST STOP USING THE PLATFORM IMMEDIATELY.

20.4 Modifications to Platform and AI Features

We may at any time, without notice or liability:

• Modify, update, or discontinue any Platform features, tools, or services
• Update, retrain, or replace AI models and algorithms
• Change AI output formats, capabilities, or behavior
• Adjust validation checks, security measures, or processing pipelines
• Modify pricing, credit packages, or subscription tiers
• Impose usage limits, rate limits, or access restrictions

Changes to AI models may affect the behavior, accuracy, or consistency of AI outputs. You should not rely on AI outputs remaining consistent across Platform updates.

20.5 No Obligation to Maintain

We have no obligation to maintain, support, or update any feature of the Platform. We may suspend or terminate the Platform entirely at our discretion, subject to providing reasonable notice where practicable and honoring any prepaid credits as required by applicable consumer protection laws.

20.6 Notifications – Best Effort Basis

All notifications generated by the Platform, including but not limited to:

• Credit expiration warnings and reminders
• Account status updates and security alerts
• Planned maintenance announcements
• Terms of Service or Privacy Policy updates
• Simulation completion or failure notifications
• Billing confirmations and payment receipts
• Newsletter and promotional communications

are provided on a "best effort" basis only. We do not guarantee the delivery, timing, or receipt of any notification. Notifications may be delayed, filtered by spam systems, blocked by email providers, or fail to reach you for reasons beyond our control.

YOU ARE SOLELY RESPONSIBLE FOR:

• Maintaining a current, valid email address in your account settings
• Configuring your email settings to receive messages from our domain
• Regularly checking your account dashboard for important updates
• Monitoring your credit balance and expiration dates directly in the Platform
• Reviewing the Platform periodically for Terms or service changes

Failure to receive a notification does not relieve you of any obligation under these Terms, does not extend any deadlines (including credit expiration), and does not entitle you to any refund, credit, or compensation. We expressly disclaim all liability for any losses, damages, or missed deadlines resulting from undelivered or delayed notifications.

21. Governing Law, Jurisdiction & Dispute Resolution

21.1 Governing Law

These Terms and any disputes arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

If you are a business, entrepreneur, or professional (Unternehmer within the meaning of § 1 KSchG), you agree that:

• The exclusive place of jurisdiction for all disputes shall be the competent courts of Vienna, Austria
• We retain the right to bring proceedings in any other court of competent jurisdiction
• You waive any objection to venue or inconvenient forum in Vienna

21.2 Class Action Waiver

To the maximum 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. If this waiver is found unenforceable, the remainder of this Section remains in effect.

21.3 Time Limitation

Any claim or cause of action arising from or relating to these Terms or the Platform must be filed within one (1) year after such claim arose, or it shall be permanently barred. This limitation does not apply where prohibited by applicable law.

22. Contact Information

22.1 Company Details

Empirisch Tech GmbH
Rennweg 88
1030 Vienna, Austria

Commercial Register: FN 566531 i
Commercial Court: Handelsgericht Wien
VAT ID: ATU 776 77 257

22.2 Contact Channels

• Please use the contact form under Settings when logged in for all inquiries

22.3 Response Times

We aim to respond to inquiries within:

• General inquiries: 3 business days
• Technical support: 72 hours on business days
• Data protection requests: 30 days (as required by GDPR)
• Legal notices: 14 business days

22.4 Language

These Terms are provided in English. In case of any translation, the English version shall prevail. Support is available in English and German.