ModelSmart® Online Terms of Service

These Terms of Service include the following:

License Agreement
Copyright and Trademark Notice
Educational Use Only
Warranty
Warnings
Data Collection and Privacy Policy
Limitation of Liability
Mandatory Dispute Resolution and Arbitration Provision
Governing Law

Use of this software, service, and/or any information obtained from Pre-Engineering Software Corporation, including, but not limited to, documentation, chats, models, or generated content (referred to herein as the "Service") is governed by United States copyright and intellectual property law, international treaty, and these ModelSmart Terms of Service (referred to herein as the "Agreement").

By using the Service in any form and at any location, You (the Licensee and/or any user) acknowledge and agree to these terms.

Pre-Engineering Software Corporation will roll-out updated versions of the Agreement from time to time, which updated version shall replace prior versions and become effective as to all Licensees/users upon release.

The Service provider and "Licensor" is Pre-Engineering Software Corporation (also referred to as "PESC"). The "Licensee" is the purchasing organization or individual, including but not limited to, any school, school district, teacher, parent, or program administrator, who purchases or receives the Service. The user is any student, teacher, or other person or organization who uses the Service. If the user is a person under the age of 18, please have your parent, legal guardian and/or teacher review these policies.

License Agreement

The license for use provided to Licensee is not transferable. No part of the Service may be duplicated or transmitted in any form by the Licensee or any authorized user to an unauthorized person or entity, defined as any person or entity not authorized in writing by Licensor to use the Service.

Pre-Engineering Software Corporation reserves the right to terminate the Service, without notice, for a violation of these terms or for other reason (such as hacking, security breaches, etc.) within PESC's sole discretion. Pre-Engineering Software Corporation will consider a reasonable request by the terminated person or entity for reconsideration and/or data access post-termination.

Copyright and Trademark Notice

All software elements including source code, user interface, database structures, organization methods, educational content, teaching methodologies, graphics, and documentation are protected by copyright law. All rights reserved.

ModelSmart® is a registered trademark of Pre-Engineering Software Corporation.

Pre-Engineering Software™ is a trademark of Pre-Engineering Software Corporation.

Educational Use Only

The Service is for educational purposes only and is not intended for design of load bearing structures or other professional use. As this software is based on engineering science theory, actual results, including failure loads, will vary due to numerous factors, including but not limited to, building material quality and construction techniques.

No Warranty

The Service is provided "as-is" with no guarantee or warranty that the Service is totally secure or error-free, or that it will function without disruption, delay or imperfections. Pre-Engineering Software Corporation disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular use. Pre-Engineering Software Corporation does not guarantee or warrant that this software will run on all versions of Google Chrome, Apple Safari, or Mozilla Firefox (referring to any outdated or unsupported versions of web browsers).

Warnings

For those who use the Service to build and test physical models, please take proper precautions. Actual load testing of physical models can be dangerous. Structural models can store large amounts of energy that releases suddenly and without warning at or before complete model failure. Consequently, actual load testing of a physical model can result in the release of high velocity projectiles, falling objects, and/or failure of the testing apparatus. The actual load testing of any physical model can cause injury to participants and bystanders unless proper precautions are taken.

Do not stand on, sit on, walk on or hang from any physical model. Do not attempt actual load testing of physical models without qualified adult supervision and proper protection against flying or falling debris. Always wear proper eye protection.

Data Collection and Privacy Policy

Pre-Engineering Software Corporation will collect, use, store, process, and/or share your personal data as described herein. Personal data refers to information that identifies or relates to a particular user and includes information referred to as "personally identifiable information" under applicable data privacy laws, rules or regulations. Personal data includes, but is not limited to, user's name, email address, contact information, IP address, payment information, cookies, model data, usage tracking data, any data necessary to the Service, and data derived from any of the preceding data.

Pre-Engineering Software Corporation only collects data it deems necessary to provide the Service. PESC may use your personal data to analyze, improve and/or market the Service. PESC only discloses your personal data to third-party entities as required to provide the Service, to include hosting providers, payment service providers, third-party tracking or analytics providers, or security authentication services. Pre-Engineering Software Corporation is not responsible for the practices of third-party companies or individuals or for their failure to comply with applicable regulations or for any security or data breach. PESC does not sell your personal data.

PESC endeavors to protect your personal data from unauthorized access, use or disclosure using appropriate security measures, however, PESC cannot guarantee that security. You can help protect your data by keeping your password and/or other sign-on means secure and closing out of your account after use.

You may request information about your rights, personal data or PESC's policy and procedures, free of charge, by contacting PESC at hello@pre.engineering. PESC will not discriminate against you for exercising your rights under applicable data/privacy protection laws.

California Consumer Privacy Act (CCPA)

Pursuant to the California Consumer Privacy Act (CCPA) or other applicable law, California residents may have additional rights, as follows:

Right to Information: You have the right to request certain information about our collection, use, processing, and sharing of your personal data over the past 12 months. In response, PESC will provide you with the following information, if applicable:

The categories of personal data that PESC has collected from you.
The categories of sources from which that personal data was collected.
The business or commercial purpose for collecting your personal data.
The categories of third parties with whom PESC may have shared your personal data.
The specific personal data that PESC may have collected about you.
If PESC has disclosed your personal data to any third parties over the past 12 months, PESC will identify the categories of personal data shared with each category of third-party recipient.

Right to Deletion: Subject to certain exceptions as outlined in the CCPA, You have the right to request deletion of your personal data. However, if PESC needs to retain your personal data to provide the Service, or if deletion of your personal data involves disproportionate effort to achieve, PESC may deny your deletion request.

Right to Correction: Subject to certain exceptions outlined in the CCPA, You have the right to request that PESC correct any inaccuracy in your personal data. However, if PESC decides, based on the totality of circumstances related to your personal data, that such data is correct, PESC may deny your request.

Limitation of Liability

To the maximum extent allowed by applicable law, neither Pre-Engineering Software Corporation nor its shareholders, officers, employees or representatives shall be liable for any damages arising out of the use of the Service, however caused and under any theory of liability, including, but not limited to, strict liability, breach of contract, negligence, or indemnity. In any event, neither Pre-Engineering Software Corporation nor its shareholders, officers, employees or representatives shall be liable for any special, incidental, consequential, exemplary, or punitive damages, including, but not limited to, loss of data or damages arising from security breach. Regardless of cause, theory, or damages, Pre-Engineering Software Corporation shall not be liable to any Licensee or user for damages in excess of the annual license fee or subscription cost paid by the Licensee.

To the maximum extent allowed by applicable law, Licensee agrees to defend and hold harmless Licensor, its shareholders, employees, officers and representatives against any suit or claim arising in connection with Licensee's use of the Service.

Mandatory Dispute Resolution and Arbitration Provision

Should You have any complaint regarding the Service, You must submit your complaint and any legal demand (i.e., claim) to Pre-Engineering Software Corporation and allow 15 calendar days for a response before instituting any legal action. Failure to do so will result in waiver of the claim.

To the maximum extent allowed by the applicable law, You (Licensee and any user) agree that any dispute, claim, or controversy arising out of or relating to this Agreement, SHALL BE DECIDED BY BINDING ARBITRATION, and not in a court of law. You further agree that any dispute, claim, or controversy may only be asserted in your individual capacity, and not as a member of a class (or collective or representative) action or proceeding.

The arbitrator(s) shall have exclusive authority to resolve any dispute arising from or related to the Service and/or this Agreement, including the interpretation, applicability, enforceability, or formation of the Agreement and Arbitration Provision. The arbitrator may not consolidate more than one person's claim and may not preside over a class, collective, or representative proceeding.

The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any competent court having jurisdiction. The location of the merits hearing shall be Baton Rouge, Louisiana, or Dallas, Texas, as decided by Pre-Engineering Software Corporation. No party shall be entitled to recover attorney fees or any consequential, indirect, punitive, or exemplary damages. The prevailing party shall be entitled to recover the cost of arbitration including the administrative and arbitrator fees.

If arbitration is disallowed by a court of competent jurisdiction under applicable law, any litigation must be filed in Baton Rouge, Louisiana.

Governing Law and Severability

Where any conflict exists between the applicable governing law and this Agreement, the terms of this Agreement shall take precedence to the fullest extent allowed by law.

The Law of the state of Louisiana shall apply to this Agreement.

If any part of this Agreement is determined by a competent court or arbitrator to be unenforceable, only the invalid part shall be deemed unenforceable, and all remaining parts shall be given their fullest intended effect.

Version 12.26.2025