Draft. This text has not yet been reviewed by a lawyer and is not in force. Items in [brackets] will be completed before launch.
Terms of Use and End User Licence Agreement
Last updated: [DATE]
- Dynence is licensed, not sold. Your plan sets what you can use and on how many computers.
- Results support engineering judgement and do not replace it. You are responsible for checking them before you build, certify or sell anything (section 7).
- Your files and results belong to you. They stay on your computer.
- Our liability is limited to what you paid in the last 12 months, as far as the law allows (section 9).
Licensor: [COMPANY NAME], [ADDRESS], Türkiye, tax no. [TAX NO], email [EMAIL] ("we"). By installing, signing in to or using Dynence you accept these terms. If you do not accept them, do not use Dynence.
1. Definitions
- Software: the Dynence desktop application for Windows (strength, flow, thermal, vibration and fatigue analysis, depending on your plan) and its updates.
- Service: the account, licence, subscription and optional AI services, and the dynence.com website.
- You: the person or organisation using the Software.
2. Licence
2.1. We grant you a non-exclusive, non-transferable, non-sublicensable, limited and revocable right to install and use the Software within your plan.
2.2. Plans (currently Free, Plus, Pro and Enterprise) set the features and limits, such as maximum mesh size, monthly AI questions, report watermark and number of devices. Your signed licence file carries these limits. The current plan table is published on dynence.com [link to plan table].
2.3. A paid licence is valid for your subscription period. The Free plan has no time limit but its licence must be renewed online [at least every 30 days]. [No trial is offered at launch; add trial terms here if one is introduced.]
2.4. An Enterprise licence bought by an organisation may be used only by that organisation's authorised staff.
3. Account, devices and offline use
3.1. You are responsible for your account's details and security and must not share your account.
3.2. Each plan limits how many computers can hold a licence at the same time (currently Free 1, Plus 1, Pro 2, Enterprise 10). You can remove devices on the account page. A removed device keeps its slot until its last licence expires (at most 31 days).
3.3. The Software renews its licence online about once a week. Without internet it keeps working for your plan's offline grace period (currently Free 14 days, Plus and Pro 30 days, Enterprise 45 days). After that, paid features are limited until the licence is renewed.
3.4. You must not move the system clock back, alter licence files or try to get around limits.
4. Prohibited use
You must not:
- copy, distribute, rent, sell or sublicense the Software, except as the law allows;
- reverse engineer, decompile or disassemble it, except where the law expressly allows this;
- get around licence, device, quota or watermark protections, or create or share licence keys or files;
- overload the Service, use several accounts to exceed quotas, or send automated bulk requests;
- use the Software or its AI features to build or train a competing product [lawyer to confirm];
- use it unlawfully, for weapons of mass destruction, or in a way that violates others' rights.
The Software includes open-source components under their own licences [link to third-party notices file].
5. Ownership and your data
5.1. We or our licensors own all rights in the Software, interface, brand and documentation.
5.2. Your files, models and results belong to you. The solver runs on your computer, and we have no access to your CAD files, meshes or result fields. The only exception is AI: if you use it, the data listed in the Privacy Policy (section 3) is sent to the AI provider.
5.3. If you send us feedback, we may use it to improve the product free of charge.
5.4. We process personal data as described in the Privacy Policy.
6. AI features (optional)
6.1. AI features can be turned off. The Software works fully without them.
6.2. You decide whether to use AI with confidential information. If you do not want to share file names, loads or results, turn AI off.
6.3. AI output can be wrong. An engineer must check setup suggestions and explanations before relying on them.
6.4. If you use your own API key, the provider's terms also apply and you pay its costs.
7. Engineering results are your responsibility
7.1. The Software is a calculation aid. Its results (stress, displacement, flow, temperature, frequency, life and others) do not replace the review, judgement and decision of a competent engineer.
7.2. You must verify results for mesh convergence, boundary conditions, material data, units and assumptions, for example by hand calculation, standards, tests or a second method. You accept that the Software has modelling and numerical limits; the published validation cases and their known limits are on dynence.com.
7.3. The Software and its results are not an approval, certification or statement of conformity with any law, regulation, standard or code. For uses that affect life or property (structures, pressure equipment, aviation, medical devices, transport and other safety-critical uses), final responsibility and any required approvals are yours. Do not use the Software as the only basis for decisions in such systems.
7.4. Every report states that its verdict is a rule-based threshold and does not replace engineering judgement. Do not remove or hide this statement when you share a report.
8. No warranty
8.1. Subject to mandatory law, the Software and Service are provided "as is" and "as available", without any express or implied warranty that they are error-free, uninterrupted, fit for a particular purpose, or that results are correct or complete.
8.2. [Consumers' statutory rights, including under Turkish Law No. 6502, are not limited by this section.]
9. Limitation of liability
9.1. Except where the law does not allow a limit (intent, gross negligence, death or personal injury, mandatory consumer law), our total liability under these terms or for the Software is limited to the fees you paid for it in the 12 months before the event. For the Free plan it is limited to [AMOUNT].
9.2. With the same exceptions, we are not liable for indirect damage, lost profit, loss of business or reputation, data loss, production or project delays, prototype, part or manufacturing costs, production defects caused by wrong results, recalls or third-party claims.
9.3. These limits rest on your duty to verify results under section 7.
10. Term and termination
10.1. These terms apply from acceptance until your subscription ends or your account is closed.
10.2. You can cancel your subscription and delete your account at any time on the account page. Paid subscriptions remain active until the end of the period you paid for. Refunds follow the payment provider's terms [and our refund policy, if any].
10.3. If you breach these terms, misuse licences or do not pay, we may suspend or end your licence after [notice period]. For serious breaches we may do so immediately.
10.4. When the licence ends, you must uninstall the Software. Your files stay on your computer. Sections 5, 7, 8, 9 and 11 continue to apply.
11. Governing law and courts
11.1. These terms are governed by the laws of the Republic of Türkiye.
11.2. The courts and enforcement offices of [CITY] have jurisdiction. If you are a consumer, you keep your right to apply to the consumer arbitration committees and consumer courts that Turkish Law No. 6502 provides for, and any mandatory rights under the law of your country of residence.
12. Purchases
Purchases are processed by our payment provider, Paddle, which acts as merchant of record. Paddle's buyer terms apply to the purchase, payment, tax and refund [link to Paddle buyer terms].
13. Changes and notices
13.1. We may update these terms. We will announce material changes a reasonable time in advance. If you do not accept them, you can cancel your subscription.
13.2. We send notices to the email address on your account.
13.3. If a provision is invalid, the rest of these terms still apply.