This document constitutes a legally binding agreement between Neodustria (the "Provider") and the client ("Subscriber" or "Client") utilizing the Provider’s services. By accessing, subscribing to, or otherwise utilizing the Neodustria platform, the Client explicitly accepts and agrees to be governed by these Terms and Conditions in their entirety.
1. Introduction and Scope of Agreement
This Agreement governs the provision and utilization of the precision-driven Software-as-a-Service (SaaS) platform, Neodustria.com, which delivers AI-powered 3D design, simulation, and industrial engineering tools. These Terms outline the rights, obligations, and liabilities of both the Provider and the Client concerning the use of the platform and related services.
2. Intellectual Property Rights and Licensing
- 2.1 Ownership: All software modules, algorithms, proprietary designs, source code, documentation, and content residing on or integral to the Neodustria.com platform constitute the exclusive Intellectual Property (IP) of the Provider or its designated licensors.
- 2.2 Prohibitions: The Client is strictly prohibited from copying, reproducing, redistributing, reverse engineering, decompiling, or sublicensing any portion of the platform without the explicit prior written consent of the Provider.
- 2.3 License Grant: Upon execution of a valid subscription agreement, the Provider grants the Client a non-exclusive, non-transferable, revocable, and limited license to access and utilize the platform solely in accordance with the terms specified in their subscription tier.
3. Service Provision, Billing, and Usage
- 3.1 Service Model: The Neodustria platform operates under a utilization-based billing model. Clients shall be invoiced based on actual resource consumption (e.g., compute cycles, data storage, module access, API calls) as defined and quantified within the executed subscription plan and its appendices.
- 3.2 Client Responsibility: The Client bears sole responsibility for monitoring their consumption, managing internal user access, and ensuring all platform usage originating from their account is duly authorized and adheres to this Agreement.
- 3.3 Suspension of Service: The Provider reserves the absolute right to suspend or terminate platform access immediately in the event of overdue financial obligations, material breach of these terms, misuse of services, or credible security risks pertaining to the Client's account.
4. Integration, API Access, and Proprietary Data
- 4.1 API Usage: The Provider’s APIs and SDKs are provided solely to facilitate the integration of Neodustria features into the Client's existing industrial workflows. All API usage must strictly adhere to the published rate limits, security protocols, and defined fair-use policies.
- 4.2 Competing Services: The Client shall not utilize Neodustria APIs or extracted data to develop, market, or operate any product or service that directly competes with the Provider's offerings. Violation constitutes grounds for immediate revocation of access and pursuit of appropriate legal remedies.
5. Data Security, Privacy, and Ownership
- 5.1 Data Handling: The Provider is committed to maintaining robust data security standards, adhering to principles aligned with the European Union's General Data Protection Regulation (GDPR), the proposed EU AI Act, and ISO 27001 security management practices.
- 5.2 Data Confidentiality: Client data is secured through industry-standard encryption, subject to strict access controls, and shall not be shared with unauthorized third parties without the Client's explicit written consent.
- 5.3 Client Data Ownership: The Client retains full ownership of all uploaded design files, proprietary datasets, and internal knowledge graphs generated or processed through their dedicated use of the platform.
6. Limitation of Liability and Warranties
- 6.1 "As Is" Basis: The Neodustria platform is provided on an "as is" and "as available" basis without any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
- 6.2 Validation Requirement: The Provider explicitly disclaims responsibility for the accuracy, completeness, or reliability of any platform output. Clients are mandated to validate all simulation results, design specifications, and predictive analytics before deployment or use in any production environment.
- 6.3 Disclaimer of Damages: The Provider shall not be held liable for any indirect, incidental, consequential, punitive, or special damages, including, without limitation, financial loss, production faults, business interruption, or data loss, arising from or connected with the use or inability to use the platform.
7. Governing Law and Dispute Resolution
- 7.1 Governing Law: This Agreement shall be construed and governed exclusively by the substantive laws of Republic of Ireland and the applicable regulations of the European Union.
- 7.2 Dispute Process: Any controversy or claim arising out of or relating to this Agreement shall first be submitted to good-faith amicable negotiation between the parties. Should a resolution not be achieved within sixty (60) days, the dispute shall be finally settled by competent courts located in the jurisdiction where the Provider’s main commercial entity is officially registered.
8. Amendments to Terms
The Provider reserves the right to amend or update these Terms and Conditions periodically to reflect changes in service offerings, evolving legal landscapes, or business requirements. Notification of substantial amendments will be provided to registered users via platform announcement or registered email address. Continued utilization of the platform following the notification of changes constitutes the Client's acceptance of the revised terms.
9. Contact Information
- Email: info@neodustria.com
For official legal correspondence, commercial inquiries, or support requests regarding these Terms, please contact the Provider at: