Terms of Service

1. Scope and amendments

1.1 These Terms apply to all services rendered by SimStack, including access to the SimStack SaaS portal, SimStack Cloud (cloud-based scientific workflow and compute services), self-hosted software subscriptions, API access, billing, and support.

1.2 SimStack provides all services exclusively on the basis of these Terms. Conflicting or deviating terms proposed by you shall not apply unless expressly agreed in writing.

1.3 Taking into account your legitimate interests, we may amend these Terms on reasonable notice. If you do not object within the period stated in the notice, the amendment shall be deemed agreed. We will inform you in the notice that silence constitutes acceptance. This amendment mechanism does not apply to material changes to the relationship between performance and consideration, including price increases, which require your express consent or separate notice as described in Section 6.

1.4 We may send information concerning the contractual relationship to the email address associated with your account. You are responsible for keeping this address current and accessible.

2. Contractual relationship

2.1 A contract is formed when you register for an account and we accept your registration. New accounts are created in a pending state and must be manually activated by a SimStack administrator before they become functional. Until activation, you cannot sign in to SimStack Cloud or use paid features.

2.2 The scope of the individual services is defined by the service description current at the time of your order or plan selection, including any applicable product pages, pricing information, and documentation published on www.simstack.de.

2.3 Separate written agreements (for example enterprise deployments or custom service levels) take precedence over these Terms to the extent they expressly deviate from them.

3. Services

3.1 SimStack Cloud provides cloud-based infrastructure and software for running scientific workflows, simulations, and related compute workloads. Self-hosted subscriptions grant access to SimStack software for deployment on infrastructure you operate or designate.

3.2 We regularly perform maintenance on our systems to secure operation, maintain network integrity, and protect data. For substantiated reasons, we may temporarily suspend or limit services, taking your interests into account. Where reasonably possible, maintenance is scheduled during low-usage periods and announced in advance.

3.3 We may modify services where reasonable for you, taking into account both your interests and ours. Material reductions in core functionality will be communicated in advance where practicable.

3.4 Where cloud compute resources are provisioned dynamically, configuration, capacity, and runtime characteristics may change in line with the selected plan and underlying infrastructure.

4. External services and third-party dependencies

4.1 SimStack relies on external services and infrastructure operated by third parties, including but not limited to cloud hosting providers, payment processors (such as Stripe), email delivery services, domain and DNS providers, and other subcontractors necessary to deliver the platform.

4.2 We do not operate or control these external services. SimStack is not responsible for the availability, performance, continuity, security, or data handling practices of third-party providers, nor for outages, defects, or interruptions caused by them. Your use of third-party services may additionally be subject to the respective provider's terms and privacy policies.

4.3 Where an external service failure prevents or impairs SimStack functionality, we will use reasonable efforts to restore our own services but assume no liability for the underlying third-party failure itself.

4.4 Further information on processors we use is available in our Privacy Policy (Datenschutz).

5. Software, data, and intellectual property

5.1 SimStack grants you a simple, non-exclusive, non-transferable right to use the SimStack software and platform for the duration of the contractual relationship and within the scope of your subscribed plan. You may not sublicense, sell, or otherwise make the software available to third parties except as expressly permitted by your plan.

5.2 You retain ownership of data, models, workflows, and content you upload or generate ("Customer Data"). You grant SimStack the rights necessary to host, process, transmit, and back up Customer Data solely to provide the services.

5.3 Open-source components included in the platform remain subject to their respective licence terms.

5.4 SimStack trademarks, documentation, and platform design remain our property. No rights are granted except as expressly stated in these Terms.

6. Fees and payment

6.1 Cloud credits: SimStack Cloud usage is billed from prepaid credits. New accounts may receive an initial promotional credit balance. Usage is charged according to the current price list for compute resources and related services. You are responsible for monitoring your credit balance and any monthly spending limit you configure.

6.2 Self-hosted subscriptions: Self-hosted plans are billed periodically through Stripe. You must keep your payment method valid. Failed payments may result in suspension of access after reasonable notice.

6.3 Fees not dependent on usage are payable in advance for the respective billing period unless otherwise agreed. Usage-dependent fees are due at the end of the applicable accounting period.

6.4 We may change prices for future billing periods on at least one month's reasonable notice. If you do not object within the period stated in the notice, the change shall be deemed approved. We will point out in the notice that silence constitutes acceptance.

6.5 You may offset only undisputed or legally established counter-claims against amounts due to SimStack.

6.6 Until outstanding amounts are paid, we are entitled, within the limits of legal equity, to suspend your services after reasonable notice.

6.7 If payment is not received within ten calendar days of the due date, you are in default without further reminder. We may terminate the contractual relationship for cause after an unsuccessful payment reminder with a reasonable deadline.

7. Your obligations

7.1 You must provide registration and billing data completely and correctly and notify us of changes without undue delay.

7.2 You are responsible for choosing and safeguarding strong passwords and access credentials. You are liable for use of the services through your account, including use by third parties who gain access through your credentials where you are responsible for such access.

7.3 You must configure your workloads and integrations so that they do not impair the security, integrity, or availability of SimStack systems, networks, or data, or those of third parties.

7.4 You are responsible for maintaining backups of Customer Data where required by your organisation or applicable law. SimStack does not guarantee recovery of lost data except where expressly agreed in writing.

7.5 You must ensure that your use of the services, including uploaded content and executed workflows, complies with applicable law and does not infringe third-party rights.

7.6 You must not misuse the platform, including by interfering with other users, attempting unauthorised access, distributing malware, operating botnets, sending spam or phishing communications, or using the services for fraudulent, misleading, or unlawful purposes.

7.7 You must not use the services to disseminate content that is unlawful, extremist, discriminatory, harmful to minors, violent, or otherwise prohibited under applicable law.

7.8 Where you process personal data through SimStack, you are responsible for establishing a lawful basis for processing and, where required, entering into a data processing agreement with us.

8. Suspension, blocking, and termination for cause

8.1 We may block or suspend services where systems operate in a way that impairs security, integrity, or availability, including suspected denial-of-service activity, malware distribution, or breaches of Section 7. In cases of intentional misconduct, we may terminate without notice.

8.2 If third parties credibly assert that your content or use infringes their rights, or if objective evidence suggests a legal violation, we may block the affected content or workloads for the duration of the dispute.

8.3 Our entitlement to fees continues while services are blocked for the reasons set out in this Section, unless the block results from our intentional misconduct.

8.4 In the event of culpable breaches of your obligations under Section 7, we may demand flat-rate compensation of €50.00 per incident, without prejudice to our right to prove higher damages or your right to prove lower damages.

9. Indemnity

You shall indemnify and hold harmless SimStack against third-party claims, damages, and reasonable costs of legal defence arising from your breach of these Terms, your Customer Data, your workflows, or your unlawful use of the services, insofar as you are responsible for the underlying conduct. We will inform you promptly of relevant claims and give you the opportunity to respond.

10. No warranty and provision of services "as is"

10.1 ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

10.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMSTACK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, AVAILABILITY, UNINTERRUPTED OPERATION, AND FITNESS FOR A PARTICULAR PURPOSE.

10.3 SimStack does not warrant that the services will meet your requirements, produce error-free or uninterrupted results, or be suitable for any specific scientific, technical, regulatory, or commercial purpose. Any assurance regarding fitness for a particular purpose applies only if expressly agreed in writing between you and SimStack.

10.4 Scientific and simulation results depend on model inputs, assumptions, and configuration. SimStack does not warrant the correctness, completeness, or suitability of computational outputs for any decision-making purpose.

10.5 Statutory warranty rights for consumers under mandatory law remain unaffected where applicable.

11. Limitation of liability

11.1 SimStack shall be liable for damages only in cases of intent (Vorsatz). Liability for simple or gross negligence is excluded to the fullest extent permitted by applicable law.

11.2 The foregoing limitation does not apply to liability for loss of life, bodily injury, or damage to health, or to liability under mandatory product liability law.

11.3 Where you are a business customer (Unternehmer), a legal entity under public law, or a special fund under public law, our aggregate liability for intent shall not exceed the total fees you paid to SimStack under the specific contractual relationship in the two years preceding the damaging event, unless mandatory law provides otherwise.

11.4 SimStack is not liable for indirect damages, consequential damages, lost profits, lost data (except as required by mandatory law), or business interruption, except in cases of intent.

12. Contract term and termination

12.1 Unless otherwise specified in your plan, subscriptions renew automatically for the same period as the initial term unless terminated with one month's notice to the end of the current billing period.

12.2 Either party may terminate for cause without notice where legally permitted, including for material breach, persistent payment default after reminder, or intentional misuse of the platform.

12.3 You may request account deletion by contacting us. Upon termination, your right to use the services ends. We may delete Customer Data after a reasonable retention period unless statutory retention obligations apply.

12.4 Prepaid cloud credits are non-refundable except where required by mandatory law or expressly agreed in writing.

13. Right of withdrawal (consumers)

If you are a consumer within the meaning of applicable law, you have the right to withdraw from a distance contract within 14 days without giving reasons. The withdrawal period expires 14 days after the day of contract conclusion.

To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g. letter or email) to TeachIt UG, Im Grün 38, 76646 Bruchsal, Germany, or webmaster@teachit.study.

If you requested that performance begin during the withdrawal period, you shall pay an amount proportional to the services already provided until you communicated your withdrawal.

The right of withdrawal does not apply to contracts relating to your commercial or professional activity.

14. Applicable law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Mannheim, Germany.

15. Contact

Questions about these Terms can be sent to webmaster@teachit.study. Provider details are available in our Impressum.