1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply exclusively to business customers (“Clients”) in the sense of Section 14(1) German Civil Code (BGB), acting in pursuance of their commercial or self‑employed professional activity.
1.2 They govern all business relations between FiniteNow.com and its business clients regarding FEA analysis, Finite Elemente Simulation, CFD modelling and related Engineering,
Consulting and simulation Services.
1.3 Any deviating or additional terms of the Client are only valid if expressly acknowledged in writing by
FiniteNow.com.
2. Contract Formation
2.1 The Client initiates an enquiry by uploading model files or specifying simulation parameters via the FiniteNow.com online calculation tool. A preliminary price estimate, turnaround time, and scope of FEA analysis or CFD or other types of simulation is then displayed – this estimate constitutes a non-binding offer.
2.2 The Client can proceed in two ways:
- Option A: Request a detailed written quotation via form submission or e-mail – provided only to business clients; this quotation is non-binding and may be accepted or declined.
- Option B: Submit a binding purchase request directly via the platform based on the displayed parameters; this constitutes a binding offer by the Client, which FiniteNow.com may accept by sending an order confirmation within two weeks.
2.3 Oral agreements are not valid unless explicitly confirmed in writing.
3. Services and Exclusions
3.1 FiniteNow.com provides Engineering, Consulting, Finite Elemente Simulation, FEA analysis, CFD simulation and related incidental services
solely within sectors acceptable under our policy.
3.2 We reserve the right to refuse requests from industries that conflict with our compliance guidelines or where we lack domain expertise. (Examples may include high‑risk chemical, weaponry or medical device sectors.)
3.3 Projects requiring services outside the defined scope will not enter into effect unless exceptions are explicitly agreed in writing.
4. Pricing and Payment
4.1 Prices are quoted net of applicable VAT and in the currency specified on the platform.
4.2 Payment terms are as laid out in the order confirmation or quotation. Unless otherwise agreed, payment is due within 14 days of invoice receipt.
4.3 Offsetting rights or retention by the Client are only permitted if undisputed or legally established.
5. Client Obligations
5.1 The Client must provide accurate project data (CAD models, simulation descriptions, load cases, materials) for the requested FEA analysis, CFD or other Finite Elemente Simulation.
5.2 Delays caused by missing or erroneous input may affect processing time or result in additional charges.
5.3 The Client guarantees that any shared simulation models and CAD files do not infringe third-party rights.
6. Delivery & Turnaround
6.1 The estimated delivery timeframe displayed after calculation is non-binding in the pre‑contractual stage.
6.2 Upon binding order confirmation, delivery dates become binding.
6.3 If a delay is foreseeable, the Client and FiniteNow.com will mutually coordinate in good faith. Force majeure events shall suspend performance obligations accordingly.
6.5 Partial deliveries of simulation outputs or related Services (e.g. interim Engineering results) are permitted where reasonable and technically feasible. The risk of handling or transmission passes to the Client upon
provision to the Customer or nominated recipient (e.g. via secure file exchange). Force majeure events (e.g. natural disasters, labour disputes, supply chain disruptions) entitle both parties to suspend performance or withdraw
from the contract if performance becomes unreasonable.
7. Liability, Warranty & Exclusion
7.1 FiniteNow.com delivers simulations and deliverables in line with the Engineering and Consulting brief. Minor deviations are permitted if within accepted engineering tolerances.
7.2 Liability is limited to intent or gross negligence; indirect damages or loss of profits are excluded except in cases of injury to life, body or health.
7.3 Warranty claims for simulation results and deliverables related to Finite Elemente Simulation, FEA analysis or CFD are to be asserted in writing within 2 weeks from delivery. This does not apply in cases of intent, gross
negligence or where statutory mandatory periods apply (e.g. injury to life or health).
7.4 In case of delay, the Client may claim damages amounting to 0.25 % per completed week, but in total not exceeding 3 % of the net value of the delayed portion of the deliverables
– unless FiniteNow.com acted intentionally or with gross negligence. No liability shall arise for unavailability or downtime of the online Finite Elemente Simulation or CFD platform, except
in cases of gross negligence or intent.
8. Intellectual Property & Usage Rights
8.1 All simulation results, FEA analysis outputs, CFD setups and training data remain the intellectual property of FiniteNow.com, unless otherwise agreed.
8.2 The Client receives a non‑exclusive, non‑transferable license to use the simulation deliverables for its internal business purposes.
9. Confidentiality & Data Protection
9.1 Both parties treat all project-related information – including CAD data, simulation parameters, results and business knowledge – as confidential. NDAs may be executed on request, especially for sensitive engineering or
consulting engagements involving Finite Elemente Simulation or CFD.
9.2 Personal data processing complies with our Privacy Policy; all data transfer remains within the EU or under adequate safeguards.
10. Retention of Title
We retain ownership of all delivered simulation results, FEA analysis outputs, CFD models, deliverables and related materials (“Deliverables”) until full payment of all current and future claims arising from the business relationship is received. Until full settlement, the Client shall treat the Deliverables as subject to retention of title. If integrated into downstream systems, the Client agrees to preserve rights of FiniteNow.com until balance is paid in full.
11. No Right of Withdrawal
Since our simulation Services are exclusively offered to business clients (§ 14 BGB), the statutory right of withdrawal for consumers does not apply.
12. Right of Withdrawal by Provider; Contract Adjustment
FiniteNow.com reserves the right to withdraw from the contract or adjust its terms in case of permanent impossibility to perform FEA analysis, CFD, or Engineering services due to unforeseen technical, legal or material constraints not known at order time. In such circumstances, only refund of payments received is owed and no further obligations arise. Where economically justified circumstances occur post‑contract that significantly impair our operation, the contract may be adjusted in good faith or terminated within three weeks of becoming aware of such event.
13. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 Exclusive place of jurisdiction is the registered seat of FiniteNow.com in Stuttgart, Germany.
10.3 If any provision is invalid, the remainder of the contract remains effective.
10.4. Claims of the Client are non‑assignable without prior written consent from FiniteNow.com. Oral side agreements or amendments are only valid if confirmed by email in writing by both parties.