OpenSees Cloud Terms of Service
Last Modified: August 7, 2023
These terms of service (the “Terms”) govern your access to and use of the website at www.openseescloud.com or www.opensees.com (the “Site”) and services (the “Services”) provided by SecondSees, Inc. (“we” or “our” or “OpenSees Cloud”), so please carefully read the Terms before using the Services.
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
By accessing or otherwise using any part of the Services, including to register an account, you acknowledge your agreement to these Terms, in consideration for the mutual promises and obligations contained herein and to the exclusion (to the maximum extent permitted by applicable law) of all other terms and/or conditions which you may purport to apply, including under any purchase order or similar document, even if they do not explicitly contradict.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with us and are not barred under any applicable laws from doing so, including if you are too young to enter into a binding contract. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you (but recognizing your work is important to you, please read the note below on access to your files in these circumstances). We may also remove any content from our Services at our discretion.
By using our Services, you may provide us with information, files, and folders via our products, services and otherwise (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership of your stuff. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing your files at your direction. This includes product features visible to you, for example, image thumbnails or project previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to our affiliates and trusted third parties we work with to provide the Services, for example Amazon Web Services, which provides our main storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your stuff, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that we have no obligation to review or monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of your stuff or any other information you provide or may be able to access using the Services.
Although we reserve the right to stop, suspend, or modify the Services at any time without prior notice to you, we recognise that your stuff is important to you, and that you may wish to retrieve your stuff from OpenSees Cloud in this event. We will make reasonable effort to contact you in such circumstances if you have registered for an account, and aim to keep your stuff available for retrieval from OpenSees Cloud in read-only form for up to 3 months beyond the time of suspension (or otherwise) of the Services.
The Services provide features that allow you to share your stuff with others or to make your stuff public. There are many things that may happen with your stuff once it’s been shared or made public (for example, people may copy it, modify it, re-share it, and even claim it as their own intellectual property). Please therefore consider carefully what you choose to share or make public and that you have all necessary rights and permissions to do so. We will not have any responsibility arising from you sharing your stuff.
When registering to use a Service you must choose a username and password, unless you use a single sign-on (SSO) option where supported. You are responsible for all actions taken under your chosen username and password, which you will keep private and not allow anyone else to use.
You must ensure that the information you provide is accurate and truthful, and to tell us promptly if the information changes.
You should immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to OpenSees Cloud, it is your responsibility to use a secure encrypted connection to communicate with the Services.
The Service is owned by or licensed to OpenSees Cloud and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other industrial and proprietary rights and laws, including international conventions and treaties (“Proprietary Rights”). In particular, you acknowledge that the Site and other parts of the Service are protected by copyright as collective works and/or compilations pursuant to U.S. copyright laws. Nothing in these Terms shall operate to transfer any Proprietary Rights in any part of the Service, to grant any rights to use the name "OpenSees Cloud” or our other trademarks or to give rise to any implied rights.
You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in relation to part of the Service.
Unless otherwise agreed in a Contract, the Service is provided for your own personal and/or professional use, at all times subject to these Terms. Use of the Service through a paid subscription, for the avoidance of doubt, would not include the right to re-sell or commercialize access to OpenSees Cloud. You shall not otherwise use any part of the Service without our prior and express written agreement.
If you are an organization, unless requested in writing otherwise, we may publicly refer to you as a customer, including on our website(s) and presentational material, provided such reference accurately reflects the nature of our relationship. Any use of your organization trademarks, e.g., your universitiy or company logo, on the Site is in accordance with your reasonable guidelines and written consent given as to the form and manner of their use.
You must comply with all laws and regulations applicable to you and the use of the Services.
Files and other content in the Services you receive or share may be protected by intellectual property rights of others. You agree to always respect the proprietary rights of others and must never copy, upload, download, or share files unless you have the rights and permissions to do so. You, not OpenSees Cloud, will be fully responsible and liable for what you copy, share, upload, download, receive, or otherwise use while using the Services. If you require use of library files and packages that are accessible within OpenSees Cloud, but owned by a third party, you must first ensure you have the permission of the owner.
You are responsible for maintaining and protecting all of your stuff, and should always make sure to keep a local copy. We will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring your stuff.
While we appreciate it when users send us feedback or post suggestion and comments on our Site or in other online public forums, please be aware that we may use, edit, and disclose this information without any obligation to you.
You are responsible for ensuring that any comments you make do not contain any material that could be considered offensive, false, defamatory, or unlawful or violates any Proprietary Rights or other rights.
We reserve the right to revoke your access to the Services if you repeatedly post negative comments about the Services or Site on online public forums or on social media, e.g., in an attempt to "cancel" us or defame our reputation. In such a case, we reserve the right to pursue legal action to protect the Site. If you do feel the need to "cancel" or speak about the site negatively in public, please first contact us at firstname.lastname@example.org to resolve the matter professionally and privately.
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the OpenSees Cloud Acceptable Use Agreement.
The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for such resources in any way, including their availability, accuracy, nor for any related content, products, or services. You accept sole responsibility for your use of any such websites or resources. If you want to link to any part of the Service, you must ask our permission first, and only do so for non-commercial purposes and in a way that is fair and legal and does not damage or unfairly leverage our reputation.
If you are paying for a Service, a contract to provide that Service will only arise upon receipt of payment in cleared funds and once we have made the Service available to you.
While we try to ensure that all the information on the Site is accurate, errors may occur. In the unlikely event that such information, including any price and/or description of an item listed on the Site has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you under the incorrect terms. If we discover the error before a Contract is formed we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
Prices included on the Site are illustrative only and are subject to change at any time. Amounts are stated exclusive of VAT, sales tax, and similar.
If you sign up for a free trial, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free Service before the end of the free-trial period.
If you pay using a credit card or any digital payment method supported by OpenSees Cloud, you authorize us to charge your account for the Services using that payment method on a recurring basis, unless otherwise specified. If your payment details cease to be valid or you notify us to stop using a previously designated payment method and fail to designate an alternative, we may immediately suspend use and access to the Services at the end of your paid subscription.
If you upgrade any Service, we will charge you the additional cost for that upgrade in respect of the remainder of your (then current) payment period and update your next payment period according to your new subscription.
For certain paid-for Services, we may allow for individual licenses to be purchased in bulk. If you make such a purchase, you'll be free to allocate these "premium" licences as you see fit on a ‘named user basis’ (this will upgrade those end users' free accounts). The licenses will be valid for the 12 month period commencing on the date on which you make the purchase (the “Bulk License Period”). While you won't have any privileged access rights in respect of other end user accounts, even though you've paid for them to have premium features, they're linked on our systems - this means you can withdraw the paid-for license rights you've allocated to one account (so you might want to warn the account holder!) and transfer them to another account. You may also purchase additional licenses at any time; however these will be chargeable at the then-prevailing price (pro-rated if the purchase is made part way through the Bulk License Period), which may be in excess of the original price paid. All licenses will auto-renew for additional 12 month periods (each a “Renewal Period”) on an annual basis unless cancelled by you in your account settings or in writing not less than thirty (30) days in advance of the date of renewal (or such shorter period as we may allow).
You will be responsible for payment of any Taxes in addition to our price. If we are required to collect or pay Taxes, the Taxes will be charged to you. This includes adding VAT at the checkout / to our invoice(s) at the appropriate rate based on information you provide to us. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. Any assessment we make, at the time of purchase, of the amount or applicability of sales or other taxes will rely on the information you have provided and you agree to reimburse us on demand for any additional costs or expenses we might incur if such information is not accurate and complete.
Where we refer to "Taxes", we mean any duties, customs fees, levies, or taxes (other than income tax) associated with the purchase or use of the Services, including any related penalties or interest.
If you are an individual and are not happy with our Service, we will offer a full refund if you give us written notice that you wish to cancel within seven (7) days of payment. Otherwise, you will have no right to a refund.
Your request for a refund may be denied if we deem your use of the refund policy to be manipulative, e.g., the repeated procurement of premium Services for short periods of time.
If you are entitled to a refund, we will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will usually be made by crediting the payment card or electronic payment account you used to purchase the Services.
Though we’d much rather you stay, you can stop using our Services any time. If you wish to downgrade or cancel a Service, you must do this at least one full day before the end of your payment period, and the change will take effect at the end of that payment period.
Unless otherwise agreed, we reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use without cause, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your use immediately.
We reserve the right to suspend the provisions of any part of the Services, or terminate our agreement to provide Services to you for non-payment or any deliberate or material breach, which will include any breach of the OpenSees Cloud Acceptable Use Agreement, fraudulent or illegal activity or misuse of the Service, or if you fail to provide us upon request with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
This clause does not affect your statutory rights as a consumer.
If your subscription for a paid account expires (including where payment has been made by someone else (e.g. an institution or other organization that you belong to) and that payment ends), we’ll try to make sure your stuff continues to be accessible via a “free” account, subject to compliance with the respective terms and conditions. If you’ve exceeded the limits of the free account, you will need to archive old content before being able to add more content.
If you don’t want to have an account with us at all, you may close your account. We may retain and use your stuff as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your stuff quickly but there might be latency in deletions from our servers, and backed-up versions might persist. In addition, files that you have in common with other users may be retained.
THOUGH WE WANT TO PROVIDE A GREAT SERVICE, WE CAN’T PROMISE THAT ALL PARTS OF THE SERVICE WILL BE FREE FROM ERRORS AND BUGS OR SECURE AT ALL TIMES. AS SUCH, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AT YOUR OWN RISK, WITHOUT ANY EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM ERRORS, AND NON-INFRINGEMENT. (These disclaimers are really important, so we use all caps to highlight them.) Neither OpenSees Cloud nor its affiliates will have any responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some US states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OpenSees Cloud, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OpenSees Cloud HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) ANY LOSS OF PROFITS, REVENUE, BUSINESS OR SAVINGS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES, OR LOSS OR CORRUPTION OF DATA; OR (C) IN RESPECT OF ANY CLAIMS RELATING TO THE SERVICES, AN AMOUNT IN AGGREGATE THAT IS MORE THAN THE GREATER OF $0.01 OR THE AMOUNTS PAID BY YOU TO OpenSees Cloud FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. SOME US STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.
US Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration, and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Notwithstanding any other provision in these Terms, nothing will affect or limit your statutory rights; or will exclude or limit our liability to the extent not permitted by applicable laws or regulations.
You agree to fully indemnify, defend, and hold OpenSees Cloud, and its affiliates, officers, employees, agents, suppliers, and licensors, harmless on demand, from and against all claims, including losses (including loss of profit, revenue, goodwill, or reputation), costs, and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you.
If you are accessing and/or otherwise using the Service pursuant to a separate agreement between the organization that you belong to or are acting for (“Contract”), your use will also be subject to the Contract, provided to the extent there is any conflict, the terms of the Contract shall prevail. For the avoidance of doubt, nothing in these Terms shall impose additional obligations on that organization.
Usage restrictions and other additional terms and conditions (“Additional Terms”) may apply to certain parts of the Service and shall form part of these Terms. If we provide you with any software under an open source license, these Additional Terms may include the terms of those licenses. You shall comply with all Additional Terms referenced on any part of the Service you use, posted to the Site or otherwise that you are given notice of, and to the extent there is any conflict between the Additional Terms and other parts of these Terms, the Additional Terms shall prevail in respect of the relevant part of the Service.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our news or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
The Service is deemed to be “commercial computer software” / “commercial computer software documentation” and other commercial items including “technical data of a “commercial item”. If any U.S. Government user requires rights beyond those expressly granted in these Terms, or has other requirements not met by these Terms / the Service, it should immediately discontinue use of the Service.
These Terms, and any dispute, claim, or proceedings of whatever nature arising out of, or in any way relating to, these Terms will be governed by and construed in accordance with U.S. law, without regard to its conflict of law principles. Both parties submit to the exclusive jurisdiction of the U.S. courts. Notwithstanding the foregoing, OpenSees Cloud shall have the right to bring an action in any court of proper jurisdiction for injunctive or other equitable relief.
These Terms constitute the entire and exclusive agreement between you and OpenSees Cloud with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. OpenSees Cloud's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Any reference to “includes” and “including” shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words. You may not assign any of your rights in these Terms, and any such attempt is void, but OpenSees Cloud may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. OpenSees Cloud and you are not legal partners or agents; instead, our relationship is that of independent contractors.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures. or accidents that are outside of our control including: late, defective performance or non-performance by suppliers and private or public telecommunication, computer network failures or breakdown of equipment. If a delay is caused, we will be entitled to a reasonable extension of time for performing its obligations. If the period of delay or non-performance continues for 15 days, either party may terminate by written notice.
Any notice required to be given under these Terms must be in writing and may be delivered by email to the other party at the contact address provided (subject in the case of any notice to be sent to OpenSees Cloud in respect of any legal proceedings, to a copy also being sent by hand or registered mail and marked for the attention of the Legal Department to its registered address) and shall be deemed to have been duly given or made, if delivered by hand, upon delivery, if sent by registered mail, on the recorded date of receipt, or if sent by e-mail when actually received by the intended recipient in readable form.
SecondSees, Inc. (doing business as OpenSees Cloud) is a C-Corporation registered in the United States and Oregon.
Last Modified: August 7, 2023
OpenSees Cloud is operated by SecondSees, Inc. ("OpenSees Cloud" or "we"). This Policy explains what personal data we collect, how we may use and manage it and the rights you may have in relation to such personal data. When we refer to "personal data" in this Policy, we mean information relating to an identified or identifiable individual that we collect and use in connection with OpenSees Cloud; not aggregate or other anonymized data or information we process on behalf of our customers.
We collect personal data in the following ways:
In all the above cases, where we have a relationship with you, we may also use the personal data we collect to manage and keep a record of that relationship and other business administration purposes you'd reasonably expect and, subject always to your preferences, to provide information we think may be of interest to you.
In many of the above cases, we may also use the information collected to create aggregate or other anonymized, non-personal data to enable us to benchmark and improve OpenSees Cloud.
If you provide personal data to us about someone else (such as one of your colleagues), please ensure that you have their permission to do so and that they're aware of the contents of this Policy.
In order to comply with European data privacy laws, we are required to set out the legal bases for our use of your personal data, which are as follows:
We may share your personal data within our corporate group on a confidential basis for our internal administrative, billing, and other business purposes. We do not generally disclose or share personal data with third parties, except where it's necessary for legitimate business reasons, such as:
We include appropriate confidentiality and security obligations in our contracts with our service providers and only permit them to process your personal data for specified purposes and in accordance with our instructions (not for their own purposes).
We take appropriate technical and organizational security measures to protect personal data from accidental or unlawful destruction, accidental loss and unauthorized access, destruction, misuse, modification or disclosure. Please see our security overview for details.
We only keep your personal data for as long as it is necessary for the purposes for which it was collected, after which it will be destroyed, erased, or anonymized. For example, if you are an OpenSees Cloud user, we will delete your account profile if you close your account, but may however retain certain limited personal data about you to record your association with content you've made public, and as when required to comply with applicable law.
While OpenSees Cloud is based in the United States, much of our product infrastructure is based elsewhere. This means that the use and operation of OpenSees Cloud may involve the transfer of personal data from the jurisdiction in which you are based, including to the locations of our affiliates and service providers. Whenever we make such transfers, we will ensure an appropriate level of protection is afforded to your personal data, which in the case of personal data originating from the UK or the EEA shall involve implementing at least one of the following safeguards:
Please email us at email@example.com if you would like more information about these safeguards.
Depending on your preferences, we may send you marketing communications we think might be of interest to you.
European data privacy laws give rights to individuals in respect of personal data that organizations hold about them, for example:
To make any requests regarding your personal data, please email us at firstname.lastname@example.org. We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we're not able to comply with your request.
If any part of OpenSees Cloud is made available on or through third party websites or other resources, including links to such resources, or other resources contain links to any part of OpenSees Cloud, this is done for convenience only. We recommend that you check the privacy and security policies of such resources as they are not subject to this Policy.
If you would like any further information, or have any questions or concerns regarding your personal data, please email us at email@example.com.
You have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns directly prior to you filing such a complaint.
We may revise this Policy from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our news or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Policy. If you do not agree to the new terms of the Policy, please stop using the Services.
OpenSees Cloud Acceptable Use Agreement
Last Modified: August 7, 2023
OpenSees Cloud is proud of the trust you have placed in us and we take that trust seriously. In exchange, we trust you to use the services we provide responsibly. In doing so, you agree not to misuse any OpenSees Cloud service. For example, you must not, and must not attempt to, do any of the following things using any part of OpenSees Cloud without our written consent (where applicable, e.g., to stress test our analysis servers):