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Terms & Conditions

Section 1: Introduction

Welcome to Trampo! By using Trampo services, you agree to the following terms with Trampo. If you have any question, please find our contact details under the contact tab on our website. This agreement is effective
on 1 February 2017.

Section 2: Interpretation

In these Terms:

"Account" means the account that you set up in order to use our Services.
"Contact details": ISP address, website address, email address, GPS data and telephone numbers.
"CFD": Computational Fluid Dynamics.
"Trampo", "Us", "We", "Our" refers to Trampo.
"You","Yours" refers to the user of our service or website.
"Members" means member of the Trampo Founders Club.
"Services" means all the services provided by Trampo to you or through our website.
"Terms" means these terms and conditions.
"Input files" means all the files you upload to our website.
"Results files" means all the files that are modified or generated by the simulation process and downloaded back to your computer.

Section 3: General legal terms

3.1 - Application of terms
The Terms constitute the whole legal agreement between you and Trampo and govern your use of the Services, and completely replace any prior agreements between you and Trampo in relation to the Services.

No amendment, alteration, waiver or cancellation of any of these Terms is binding on Trampo unless confirmed by Trampo in writing.

3.2 - Use of services
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Unless you have been specifically permitted to do so in a separate agreement with Trampo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

3.3 - Things you may not do
You agree that you will not engage in any activity that could interfere with or disrupt the Services (or the servers and networks which are connected to the Services).

You agree not to:

Share your Account with any other person or entity;
Access, tamper with, or use any non-public area of the Services or Trampo's computer systems, or the technical delivery systems of Trampo or its providers;
Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network, or breach any security or authentication measures used in connection with the Services and such systems and
networks;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
Harm or threaten to harm other users in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding,
spamming, or mail-bombing the Services;
Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or services;
To forward on for commercial reasons Trampo’s contact details to other third parties without Trampo’s consent;
Impersonate or misrepresent your affiliation with any person or entity;
Encourage or enable any other individual to do any of the foregoing.

Trampo has the right to investigate and prosecute violations of any of the above.

3.4 - Trampo Trademarks
Unless you have agreed otherwise in writing with Trampo, nothing in the Terms gives you a right to use any of Trampo’s trade names, trademarks, service marks, logos, domain names, and other distinctive website
brand features.

3.5 - Termination of agreement
Trampo may at any time, terminate its legal agreement with you if:

you are, or are believed to be or are charged with, infringing or violating the intellectual property rights of third parties, any applicable law or regulation, or otherwise in violation of the "things you may not
do" listed above.
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Trampo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
CD-adapco ceased to offer its services to you or Trampo ; or
Trampo is transitioning to no longer providing the service; or
The provision of the Services to you by Trampo is, in Trampo’s opinion, no longer commercially viable.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Trampo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force)
or which are expressed to continue indefinitely, shall be unaffected by this cessation.

3.6 - Changes to the terms
You agree that Trampo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

3.7 - Waiver of Breach
No failure by Trampo to insist on strict performance of any of these Terms is a waiver of any right or remedy which Trampo may have, and is not a waiver of any subsequent breach or default by you.

3.8 - Severability
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

3.9 - Transfer of rights
You may not assign or transfer your rights or obligations under these Terms without Trampo's prior written consent. Trampo may freely assign or transfer our rights and obligations under these Terms without
restriction.

3.10 - Third party terms
When you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company.
Your use of these other services, software or goods is subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or
individuals.

3.11 - Intellectual property rights on your files
We do not claim any ownership rights of your User Files.

To the extent necessary for Trampo to provide our Services (and only as necessary), you give us to the right to use, copy, distribute, compress and otherwise process your Files.

You confirm that you own or have the necessary rights and permissions on the files you upload and download from our website.

You confirm that your use of our Services will not infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or regulation.

3.12 - Trampo’s Intellectual property rights
Trampo and its licensors own all right, title and interest in and to the Services. Copyright, trademark and other laws protect the Services.

You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

Unless you have been specifically permitted to do so in a separate agreement with Trampo, you agree not to reproduce, modify, or prepare derivative works based upon the Services, or distribute, sell, transfer,
publicly display, publicly perform, transmit, or otherwise exploit the Services.

Trampo, the Trampo logos, the Trampo formula, service marks, product names, and trade names of Trampo appearing on the Services are owned by Trampo.

Other trademarks, service marks, product names, and logos appearing on our service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or
logo without their owner's prior written consent.

3.13 - Indemnity
You will defend, indemnify and hold harmless Trampo, its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of, or in any way connected with your access to or use of the Services, your input and results Files or your violation of these Terms.

Section 4: Technical nitty gritty

4.1 - Service
The service provided by Trampo is the calculation of CFD simulations using Trampo's cloud computing Software on Trampo's cluster. Third party software is used for the file transfer and the actual running of the
simulations.

4.2 - Export agreement
To use our compute service, you must have a current export agreement signed for STAR-CCM+®.

4.3 - Priority
Trampo provides its services on a first in, first served basis.

4.4 – Maximum run time vs actual run time
It is your responsibility to ensure that your account has sufficient balance OR that your maximum run time is long enough to ensure that simulation will run until it hits its stopping criteria. If a simulation hits
its stopping criteria before it's maximum run time, the remaining hours will automatically be credited to your Trampo user account balance. This credit will be valid for 1 year from the payment date.

4.5 - Files automated deletion
You must keep a local copy of your input files. Once a simulation has computed, results files are uploaded on your computer synchronised folder.
For security reasons, results files will be permanently deleted after 1 weeks from the end of the simulation compute. Trampo does not keep any back up of your files.
We highly recommend you manually cut results files from the synchronised folders on your computer and paste them in your own file storage location. This enables you to permanently delete your files on Trampo
yourself.

4.6 - Input files security scan
Trampo has an automated scanning process which identifies potential threats in macros and other input files. Trampo reserves the right to:
• manually look into input files which come up on our system as a potential security threat,
• and/or manually identify amendments which do not alter the input file’s functionality and amend the file accordingly,
• and/or manually block your simulation and request you to change your input files.
Macros must comply with our macro guidelines below or the simulation might be blocked.

4.7 - SIMULATION compute scan
Trampo understands your needs by scanning your simulation standard output and standard error . We do not not scan your simulation for any other information. Your simulation logs will be deleted at the same time as
your simulation. We only retain the following information long term:
-number of regions
-physics models
-Volume mesh number of Cells

4.8 - Macro guidelines
TBC.

4.9 - Confidentiality of scanned data
Any information gathered by Trampo in the process of scanning files is strictly confidential and is not released to third parties unless requested by you or by law.

4.10 - COMPUTE hours
Trampo reserves itself the right to use more than physical 24 cores on simulations which are large enough to benefit from it. At the end of the simulation compute, Trampo will calculate the 24 cores equivalent
compute time based on the compute speed benchmarks below. Trampo will credit your Trampo user account with the difference between your purchased compute hours and the 24 cores equivalent compute hours to reach
your stopping criteria.

4.11 - COMPUTE speed benchmarks
TBC.

4.13 - Minimum charge
A minimum charge of the value of the first hour of computing is charged if the simulation is blocked after a manual check or if the simulation computes for less than a whole hour. This fee is to limit misuse of our
system and pay for our manual checks.

4.14 - Job cancellation
A simulation that has been submitted can be cancelled on this website. The minimum charge applies.

4.15 - Inspection
You must inspect the completed service and give Trampo written notice that the service does not comply with the relevant specifications or descriptions within :
-1 week from the end of the simulation run OR
-1 week from your simulation submission if the simulation did not run.
Otherwise the completed service is deemed to have been accepted.

4.16 - File sizes and file transfer policy
Your maximum total files allowance at one time on Trampo's compute cluster is 500Gb. If you think you might need a larger file allowance, please contact us in writting prior to submitting your simulation.
Your maximum time to upload your files is 3 days from the time of submission. If you have a combination of very large files and very slow internet, please contact us in writting when you submit your simulation.

4.17 - Default Star-CCM+ version
If the version that the file was created in is not installed on Trampo's cluster, Trampo will try to run your simulation using the default Star-CCM+ version,the oldest version installed on our cluster. We typicaly
all Star-CCM+ versions less than 1 year old installed on our cluster.

Section 5: Exclusion of warranties

5.1 - Applicable law
If a dispute arises between you and Trampo, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution.
Please go to our website and find our contact details. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as
alternatives to litigation.
You agree that the laws of the state of Queensland, Australia, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that might arise between you and Trampo. The
parties submit to the courts of Queensland in respect of any dispute arising.
Nothing in these terms, shall exclude or limit Trampo's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations which are lawful in the
state of Queensland, Australia will apply to you and our liability will be limited to the maximum extent permitted by law.

5.2 - As is and as available service
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
In particular, Trampo, does not represent or warrant to you that:
• your use of the services will meet your requirements,
• your use of the services will be uninterrupted, timely, secure or free from error,
• any information obtained by you as a result of your use of the services will be accurate or reliable, and
• that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device
or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Trampo or through or from the services shall create any warranty not expressly stated in the terms.
Trampo further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a
particular purpose and non-infringement.

Section 6: Limitation of liability

6.1 - Exclusions
Subject to overall provision in the Section "Exclusion of Warranties" above, you expressly understand and agree that Trampo, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
• any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any
loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
• any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
• any changes which Trampo may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
• the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
• your failure to provide Trampo with accurate account information;
• your failure to keep your password or account details secure and confidential;
• any failure from third party software used by Trampo;
The limitations on Trampo’s liability to you in this section apply whether or not Trampo has been advised of or should have been aware of the possibility of any such losses arising.

6.2 - Trampo maximum total liability
In no event will Trampo's total liability arising out of or in connection with these Terms or from the use of, exceed the amount you paid for the compute of the simulation which led to the dispute.
The limitations of damages set forth above are fundamental elements of the basis of the commercial relationship between Trampo and you.