Feather Systems, Inc. Terms of Service

Last updated: July 15, 2025

Welcome to Feather Systems, Inc. When you use our services, you are agreeing to these Terms of Service ("Terms"). Please read them carefully. Violation of these terms may, at our discretion, result in the termination of your account.

These Terms of Service, along with our Privacy Policy and your active Subscription Terms, constitute the entire and exclusive agreement between Feather Systems, Inc. and you regarding the Services.

1. Definitions

• "Company", "we", "our", or "us" refers to Feather Systems, Inc.
• "Services" refers to our web application and any finite element analysis (FEA) services provided by Feather Systems, Inc.
• "You" or "your" refers to the individuals or organizations that have been granted access to our Services.
• "Subscription Terms" refers to the specific details of your paid plan, including service tier, features, fees, and resource allocations, as presented to you at the time of purchase via our payment processor (Stripe).
• "Commercial Use" refers to any use of the Services for direct or indirect financial gain, including but not limited to, use in a business, for-profit organization, professional practice, or in connection with any work for which you are compensated.
• "Non-Commercial Use" refers to the use of the Services for personal projects, academic research, or educational purposes, where such use is not intended for or directed toward Commercial Use.

2. Account Terms

Account Types: We offer two types of accounts:

• Free Evaluation Accounts: Offered solely at the discretion of Feather Systems, Inc., which may be terminated at any time without notice.
• Paid Accounts: Accounts that have an active, paid subscription.

• Registration: You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• Security: You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• Responsibility: You are responsible for all content posted to and activity that occurs under your account.
• Legal Use: You may not use the Services for any illegal or unauthorized purpose or to violate any laws in your jurisdiction.

3. Payment, Subscriptions, and Overages

• Paid Accounts: To create or maintain a Paid Account, you must provide valid payment information through our payment processor (Stripe) and agree to these Terms.
• Subscription Terms: Your subscription's specific details, including the service tier, features, number of user seats, fees, and billing cycle, are defined by your Subscription Terms. By completing the purchase, you agree to the Subscription Terms presented at that time.
• Usage Rights Based on Subscription: Your right to use the Services is limited by your selected subscription plan. Certain plans, such as the "INDIVIDUAL" plan, are designated for Non-Commercial Use only. Other plans, such as "PROFESSIONAL" and "BUSINESS", permit Commercial Use. Using the Services for Commercial Use while on a plan designated for Non-Commercial Use is a material breach of these Terms.
• Compute Resource Overages: Your Subscription Plan may include a specific allocation of compute resources (e.g., "core-hours"). If your usage exceeds this allocation within a billing period, you agree to pay for the excess usage. Such overage usage will be charged at the rate specified in your Subscription Terms or, if not specified, at our standard rate of $1.00 per core-hour. Overage fees will be billed separately at the end of the billing cycle.
• Cancellation: You are solely responsible for properly canceling your subscription through the billing portal provided. Cancellation will take effect at the end of your currently paid term, and you will not be charged again.

4. Use Restrictions and Export Controls

Use Restrictions: You shall not, directly or indirectly: sublicense, sell, resell, reverse engineer, decompile, use the Services to store or transmit malicious code, interfere with the Services, violate the usage rights associated with your Subscription Terms (including using a Non-Commercial Use plan for Commercial Use), or attempt to gain unauthorized access to the Services or their related systems.

Export Compliance: You represent and warrant that you are not located in an embargoed country or on any U.S. government list of prohibited parties, and you will comply with all applicable export laws and regulations.

5. Intellectual Property

• Your Content: You retain all intellectual property rights to your models, data, and analysis results ("User Content").
• Our Services: The Company retains all rights, title, and interest in and to the Services, including all underlying software, algorithms, methodologies, and know-how.
• Limited License: You grant us a limited, non-exclusive license to access, use, and process your User Content solely to provide the Services to you.

6. Confidentiality

Each party agrees to use the other party's Confidential Information solely for the purposes of using or providing the Services and to protect it with at least the same degree of care that it uses to protect its own confidential information of a like nature, but in no event less than reasonable security measures. This obligation does not apply to information that is publicly available, rightfully known before disclosure, or independently developed.

7. Data Retention and Account Termination

Data Retention: We will maintain user data for up to six (6) months after an account becomes inactive (last login). After this period, your User Content and account data may be permanently deleted.

Account Termination: We reserve the right to suspend or terminate your account at any time for any breach of these Terms. You are responsible for exporting your data before your account is terminated.

8. Disclaimer of Warranties and Limitation of Liability

IMPORTANT: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY RESULTS PROVIDED BY OUR FEA SERVICES.

You acknowledge that:

• Finite element analysis (FEA) results are approximations.
• The accuracy of results depends on numerous factors, including the quality of your model and the assumptions made.
• You are solely responsible for validating and verifying all analysis results before use.
• The Services are a tool and must not be used as the sole basis for critical engineering, design, or safety decisions. Professional engineering judgment must always be applied.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

9. Indemnification

You agree to defend, indemnify, and hold harmless Feather Systems, Inc., its officers, directors, employees, and agents from any and all claims, damages, liabilities, and expenses arising out of your use of the Services, your violation of these Terms, or any harm caused by your use of analysis results generated by the Services.

10. Privacy and Security

Your privacy is important to us. Our Privacy Policy is incorporated by reference into these Terms and explains how we collect, use, and protect your personal information. You must read and agree to the Privacy Policy before using the Services. Our Privacy Policy is available at: Privacy Policy

11. Changes to Terms and Services

Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, for example, by posting a notice on our website or by sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.

Changes to Services: We reserve the right to modify or discontinue any part of our Services at any time, with or without notice.

12. General Provisions

• Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, or governmental action.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
• Governing Law: These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
• Exclusive Venue: You and Feather Systems, Inc. agree that any legal action or proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Franklin County, Ohio. You hereby consent to the exclusive jurisdiction and venue of such courts.

13. Binding Arbitration and Class Action Waiver

Binding Arbitration: We encourage you to contact us at contact@feather.solutions if you have an issue. If we cannot resolve it, you and the Company agree to resolve any claim, dispute, or controversy arising out of these Terms through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This arbitration provision is governed by the Federal Arbitration Act.

Exceptions: This agreement to arbitrate does not apply to claims for injunctive or other equitable relief to prevent the infringement or misappropriation of a party's intellectual property rights.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Contact Information

For questions about these Terms, please contact us at contact@feather.solutions.

15. Acceptance of Terms

By creating an account and using our Services, you signify your acceptance of these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.