Terms

NEUROCAD TERMS OF SERVICE

IMPORTANT: PLEASE READ CAREFULLY BEFORE INSTALLING OR USING ANY AND ALL NEUROCAD™  SERVICES. 

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “AGREE” OR BY ACCESSING OR USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of, or in your capacity as an employee, agent, or representative of a company or other legal entity, you represent and warrant that you have the authority to bind the company or other legal entity to these Terms and, in such event references to “you” will refer and apply to that company or other legal entity.

The Service is provided by Neurocad Inc. (referred to herein as “Neurocad” or “we” or “us”). Neurocad Inc. reserves the right to amend these Terms from time to time by posting revised versions of these Terms to the site associated with the Service. By continuing to use the Service, you agree to be bound by the most recent version of these Terms. Neurocad shall use reasonable measures to notify users of the Service when a new version of these Terms is available but is under no obligation to obtain your further consent or acknowledgement for you to be bound by any new version of these Terms.

Terms of Service (“Terms”) govern access to and use of all Neurocad™ Services refers to the use of the Neurocad platform, software, APIs, and related services provided on a paid or production basis. See the terms of service for early access and free tier usage below. 

1. Company Information

Neurocad, Inc.
1201 W Peachtree St NW 2625, STE 443
Atlanta, GA 30309
United States

2. Order of Precedence

If there is a conflict, the following order controls:

  1. Master Services Agreement (if executed)

  2. Statement of Work or Order Form

  3. These Terms

3. Services

Neurocad provides a cloud-based platform designed to preserve, structure, and translate design intent across engineering workflows.

Certain components may function as thin clients and do not perform independent inference or proprietary computation.

4. Customer Content

You retain all right, title, and interest in Customer Content.

You grant Neurocad a limited, non-exclusive license to process Customer Content solely to provide the Services in accordance with these Terms.

5. Outputs and Intellectual Property

5.1 Outputs

As between the parties, Customer owns Outputs to the extent they are derived solely from Customer Content.

5.2 Neurocad IP

Neurocad retains all right, title, and interest in:

  • The Services

  • Platform architecture

  • Schemas, workflows, transformation logic

  • Models, algorithms, and generalized representations

  • Aggregated and de-identified usage data used to improve the Services

Nothing in these Terms transfers ownership of Neurocad’s underlying technology.

6. Data Retention

Upon termination:

  • Customer Content will be retained for up to ninety (90) days

  • Thereafter deleted or anonymized

  • Backup and archival copies excluded

7. Confidentiality

Each party shall protect Confidential Information with the same degree of care it uses for its own sensitive information.

Confidentiality obligations survive for:

  • Three (3) years post-termination for general confidential information

  • As long as the information remains a trade secret under applicable law for trade secrets

8. Security

Neurocad maintains commercially reasonable administrative, technical, and organizational safeguards aligned with SOC 2 Type II or ISO 27001 principles.

9. Fees and Payment

Fees and payment terms are as specified in the applicable Order Form or SOW.

Fees are non-refundable unless expressly stated otherwise.

10. Limited Warranty

Neurocad warrants that the Services will perform in all material respects in accordance with the applicable documentation when used as intended.

This warranty excludes Early Access Program, preview, or experimental features.

Customer’s sole remedy for breach of this warranty is correction of the deficiency or, if not feasible, a pro-rata refund of unused fees.

11. Indemnification

11.1 Neurocad Indemnity

Neurocad shall defend and indemnify Customer against third-party claims alleging that the Services infringe a valid U.S. patent or copyright.

This obligation excludes claims arising from:

  • Customer Content

  • Use in violation of documentation or law

  • Modifications not made by Neurocad

  • Combination with third-party products or data

11.2 Customer Indemnity

Customer shall defend and indemnify Neurocad against claims arising from Customer Content or misuse of the Services.

12. Limitation of Liability

To the maximum extent permitted by law:

  • Neither party shall be liable for indirect, incidental, or consequential damages

  • Total liability is capped at fees paid in the twelve (12) months preceding the claim

Exceptions:

  • IP indemnity is capped at two (2) times fees paid

  • Confidentiality breaches are capped unless resulting from willful or intentional misconduct

13. Termination

Either party may terminate for material breach if not cured within thirty (30) days.

Upon termination, Customer will have thirty (30) days to export Customer Content prior to deletion.

14. Export Controls

Customer agrees to comply with all applicable export control laws.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware.

Any dispute shall be resolved by binding arbitration in Wilmington, Delaware, under JAMS rules, except that either party may seek injunctive or equitable relief in court for claims relating to intellectual property infringement or breach of confidentiality.

Both parties waive the right to participate in a class action.


NEUROCAD EARLY ACCESS PROGRAM & FREE TIER TERMS OF SERVICE

These Early Access Program & Free Tier Terms of Service (“Non-Paid Terms”) govern access to and use of the Neurocad platform, software, APIs, and related services (the “Services”) when provided on an Early Access Program, preview, pilot, evaluation, or free tier basis, without charge.

By accessing or using the Services under an Early Access Program or free tier program, you agree to these Non-Paid Terms.

1. Service Tiers and Nature of Services

2.1 Service Classifications

The Services may be offered as one or more of the following:

  1. Early Access Program / Preview Services:
    Experimental, pre-release, or evaluation features made available for testing and feedback.
  2. Free Tier Services:
    Non-paid, limited-feature access to the Services provided on an ongoing basis, without service levels, support commitments, or warranties.

Neurocad may designate features, functionality, or access levels as Early Access Program or Free Tier at its discretion and may change such designations at any time.

1.2 Early Access Program Services Disclaimer

Early Access Program / Preview Services are experimental, pre-release, and non-production. You acknowledge and agree that:

  • The Services may be incomplete, unstable, inaccurate, or unavailable

  • Features, schemas, and functionality may change, break, or be removed at any time

  • Outputs are provided for evaluation purposes only and must not be used for safety-critical, compliance, regulated, or manufacturing-release decisions

  • Neurocad has no obligation to continue, support, or commercialize any Early Access Program feature

1.3 Free Tier Limitations

Free Tier Services are not guaranteed to be production-ready and are provided without warranties, service levels, or support obligations. Free Tier Services are not intended for regulated, safety-critical, or manufacturing-release decisions.

2. Access, Eligibility, Accounts, and Support

Access to Early Access Program or Free Tier Services is granted at Neurocad’s sole discretion. Neurocad may:

  • Limit usage, features, or capacity

  • Suspend or terminate access at any time, with or without notice

  • Modify eligibility criteria or scope of access

2.1 Account Responsibility

You are responsible for all access to and use of the Services under your account, including by any employees, contractors, or other users authorized by you (“Authorized Users”). You are responsible for ensuring that all Authorized Users comply with these Non-Paid Terms.

You must safeguard account credentials and may not share login credentials except with authorized account administrators. You must promptly notify Neurocad of any suspected unauthorized access or use of your account.

2.2 No Service Levels or Support

Neurocad provides no uptime guarantees, service level commitments, response times, or support obligations for Early Access Program or Free Tier Services.

3. Acceptable Use

You may access and use the Services only in compliance with these Non-Paid Terms and all applicable laws and regulations.

You must not, and must not permit any Authorized User to:

  • Use the Services in a manner that violates applicable law or regulation

  • Upload or transmit malicious code, malware, or harmful data

  • Interfere with or disrupt the integrity or performance of the Services

  • Attempt to gain unauthorized access to systems, accounts, or data

  • Use the Services to scrape, harvest, or extract data except as expressly permitted

  • Use the Services in a manner that poses a security risk to Neurocad or other users

  • Neurocad may suspend or terminate access to the Services for violations of this Section.

4. Customer Content and Data

4.1 Customer Content

Customer Content” means any data, designs, schematics, files, images, or materials you submit to the Services.

You retain ownership of your Customer Content.

You grant Neurocad a limited, non-exclusive, worldwide, royalty-free license to host, process, analyze, transform, and derive insights from Customer Content solely to operate, evaluate, improve, and develop the Services and related offerings, including in an aggregated or anonymized manner.

4.2 Data Restrictions

You must not upload:

  • Sensitive personal data

  • Export-controlled data (including ITAR)

  • Regulated data (including HIPAA)

Unless expressly authorized by Neurocad in writing.

4.3 Data Retention

Upon termination of Early Access Program or Free Tier access:

  • Customer Content may be retained for up to ninety (90) days

  • Thereafter deleted or anonymized

  • Backup and archival copies may persist in accordance with standard retention practices

5. Outputs

The Services may generate outputs, transformations, or structured representations (“Outputs”).

Outputs are:

  • Provided without warranties

  • Not guaranteed to be accurate, complete, or suitable for any purpose

  • Not authoritative engineering or manufacturing artifacts

6. Feedback

Any feedback, suggestions, or ideas you provide are voluntary and non-confidential.

You grant Neurocad a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without restriction or compensation. To the maximum extent permitted by law, you waive any moral rights or similar rights in such feedback.


7. Intellectual Property

Neurocad retains all right, title, and interest in:

  • The Services

  • All software, schemas, workflows, models, algorithms, and methodologies

  • All improvements, insights, or learnings derived from Early Access Program or Free Tier usage

You may not:

  • Reverse engineer, decompile, or attempt to extract underlying logic

  • Use the Services to develop or benchmark competing products

  • Share access with unauthorized third parties


8. Confidentiality

Each party shall protect the other’s Confidential Information using reasonable care.

Neurocad may disclose Customer Content to approved subcontractors solely to operate the Services, subject to confidentiality obligations.

Confidentiality obligations survive termination for two (2) years.


9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • NEUROCAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

  • NEUROCAD’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED $100 USD


10. Export Controls

You represent that you will not submit data subject to export control laws unless expressly authorized.

Neurocad may restrict access to comply with applicable export regulations.


11. Termination

Neurocad may suspend or terminate Early Access Program or Free Tier access at any time, with or without notice.

You may discontinue use of the Services at any time.


12. Governing Law

These Non-Paid Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.


13. Transition to Paid Services

If you upgrade to a paid plan, your use of the Services will be governed by Neurocad’s Paid / Production Terms of Service, which will supersede these Non-Paid Terms with respect to paid Services.