Terms of Use

General Terms and Conditions for CONSTRUIRE Applications

Last Updated: 25 Mai 2025
CONSTRUIRE SASU
Registered at the RCS of Évry, Essonne, France, under number 879664951
Website: https://www.construire.eu

Preamble

These General Terms and Conditions (“Agreement”) govern the licensing, access, and use of scientific calculation applications (“Applications”) provided by CONSTRUIRE SASU (“We,” “Us,” or “Our”) to you (“You” or “Your”), the licensee. By purchasing a license and accessing or using the Applications, You agree to be bound by this Agreement in its entirety.

The Applications are developed using COMSOL Multiphysics with the Application Builder and are hosted on Amazon Web Services (AWS) using the AppStream 2.0 interface, accessible via a web browser. Clients do not receive the executable file; access is limited to the Application interface, computation capabilities, and result analysis. This Agreement outlines Your rights and obligations regarding the use of the Applications, generated data, and associated services.

1 – Definitions

  • a. “Agreement”: The terms and conditions set forth in this document, provided upon purchase or access to the Applications.
  • b. “Applications”: The scientific calculation software developed by Us using COMSOL Multiphysics and the Application Builder, hosted on AWS AppStream 2.0, including any updates or new versions, but excluding the executable file.
  • c. “COMSOL SLA”: The COMSOL Software License Agreement (version 6.3) governing Our use of COMSOL Multiphysics, available at www.comsol.com/sla.
  • d. “Confidential Information”: (i) For Us: non-public information about the Applications and COMSOL Multiphysics; (ii) For You: information submitted to Us via https://www.construire.eu and marked as confidential.
  • e. “Documentation”: User manuals, guides, and reference materials provided with the Applications or published on https://www.construire.eu.
  • f. “External Programs”: Third-party software incorporated into the Applications, including COMSOL Multiphysics (https://www.comsol.com), AWS (https://aws.amazon.com), and Stripe (https://stripe.com), subject to their respective terms.
  • g. “Use”: Accessing and operating the Applications via the AWS AppStream 2.0 interface for scientific calculations and data generation.

2 – License Grant

2.1 Scope of License: During the term of this Agreement, We grant You a non-exclusive, non-transferable, revocable license to:

  • Access and Use the Applications hosted on AWS AppStream 2.0 via a web browser and internet connection, under Our COMSOL CPU license with Application Builder rights (or an alternative license type as updated with COMSOL’s approval).
  • Generate data using the Applications and use such data without restriction, including for public presentations of results, provided You comply with this Agreement.
  • Use the Documentation solely in connection with the Applications.

2.2 Hosted Access: The Applications are hosted on AWS servers and accessed via AppStream 2.0. You do not receive the executable file (.exe); access is limited to the Application interface, computation capabilities, and result analysis. You may select from available AWS machine types for running the Applications, subject to associated fees.

2.3 External Program Terms: The Applications incorporate COMSOL Multiphysics and other External Programs. Your Use is subject to:

2.4 Ownership: The Applications, External Programs, and Documentation are licensed, not sold. All intellectual property rights remain with Us or Our licensors (e.g., COMSOL AB). You acquire no ownership rights beyond the license granted herein.

2.5 Restrictions: You may not:

  • Modify, distribute, sublicense, sell, or rent the Applications or Documentation.
  • Attempt to access, reverse-engineer, decompile, or disassemble the Applications or underlying executable files, as access is restricted to the AppStream 2.0 interface.
  • Use the Applications in violation of export/import laws, the COMSOL SLA, or this Agreement.
  • Replicate the general-purpose functionality of COMSOL Multiphysics through Your Use.

2.6 Public Execution: You may Use the Applications publicly (e.g., to present generated data to clients), provided such use:

  • Does not compete with COMSOL Multiphysics as a general-purpose simulation tool.
  • Complies with this Agreement and payment obligations.
  • Involves only presenting results, not redistributing or modifying the Applications.

3 – Fees and Payment

3.1 License Fees: You must pay the license fees communicated at purchase, subject to annual review.

3.2 AWS Usage Fees: You are responsible for:

  • Fixed Fee: A provision fee for the AWS machine.
  • Usage Fee: A fee proportional to Your runtime usage of the AWS machine.

3.3 Billing: Fees are invoiced at regular intervals and must be paid immediately via automatic payment (e.g., Stripe). Non-payment suspends Our obligations and may lead to termination (see Section 11).

3.4 No Refunds: Fees are non-refundable, even upon termination, unless required by law.

3.5 Right of withdrawal: Some countries such as France (Article L221-28 of the Consumer Code) or Europe (Directive 2011/83/EU) impose a 14-day right of withdrawal for non-professional consumers. The non-professional consumer customer has the possibility of withdrawing by registered letter with acknowledgment of receipt to CONSTRUIRE, Legal Department, 11, rue Marie Poussepin, 91410 DOURDAN, France. The customer is informed that in accordance with Article L221-28 of the Consumer Code and European Directive 2011/83/EU, he waives his right of withdrawal if he uses the Applications, the COMSOL SLA, the Documentation or the External Programs.

4 – Access and Use

4.1 Access Method: The Applications are accessible via a web browser using login credentials provided upon purchase. You may modify Your password and ID, subject to availability and security requirements.

4.2 No Installation: No local installation is required. You must ensure a reliable internet connection and browser compatibility with AWS (https://aws.amazon.com).

4.3 Multiple Devices: Each license allows one device to access the Applications at a time. Multiple licenses permit simultaneous use on multiple AWS servers. Licenses are tied to You (the purchaser), not a specific device.

4.4 Responsibility: You are responsible for managing Your usage and stopping the AWS server when not in use to avoid unnecessary fees. Servers auto-stop after 3 days of inactivity unless manually stopped earlier.

5 – Data Ownership and Confidentiality

5.1 Generated Data: You own all data generated by Your Use of the Applications and may use it without restriction, provided it does not reproduce substantial elements of COMSOL Multiphysics or the Applications.

5.2 Our Confidentiality: For three years following Your disclosure of Confidential Information to Us:

  • We will disclose it only to Our employees or contractors on a need-to-know basis.
  • We will use it only for its intended purpose.
  • We will take reasonable precautions to protect it.

5.3 Exceptions: Confidentiality obligations do not apply to information that:

  • Was in Our possession prior to disclosure.
  • Becomes publicly available without Our fault.
  • Is independently developed by Us without Your Confidential Information.

5.4 Your Confidentiality: You must protect Our Confidential Information (e.g., Application details) and disclose it only to Your employees on a need-to-know basis, consistent with the COMSOL SLA (Section 2(n)).

6 – Delivery

6.1 Method: We deliver access by providing login credentials for AWS AppStream 2.0. Documentation may be provided online or on a physical medium. 6.2 Your Obligations: You must provide Your full legal identity and a valid email address for delivery.

7 – Warranties and Disclaimers

7.1 Limited Warranty: We warrant that for 90 days from delivery, the Applications will materially conform to their Documentation. If they do not, and You notify Us within this period, We will correct major defects within a reasonable time as Your sole remedy. Defects in COMSOL Multiphysics are subject to COMSOL’s 90-day warranty (COMSOL SLA Section 8(a)).

7.2 Disclaimer: Except as expressly stated, the Applications, External Programs, and Documentation are provided “as is” with no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee error-free or uninterrupted operation, per the COMSOL SLA (Section 8(d)).

8 – Limitation of Liability

8.1 Cap: Our total liability (and that of Our licensors) is limited to the fees paid by You in the six months preceding Your claim, except as required by law or under Section 9 (Indemnification), aligning with the COMSOL SLA (Section 9).

8.2 Exclusion: We are not liable for consequential, incidental, or punitive damages (e.g., lost profits, data loss), even if advised of their possibility, unless required by law, per the COMSOL SLA (Section 9).

9 – Indemnification

9.1 By You: You will indemnify Us against losses from third-party claims arising from Your Use of the Applications or breach of this Agreement, except to the extent We indemnify You below.

9.2 By Us: We will indemnify You against losses from third-party claims that the Applications infringe their intellectual property rights, unless the infringement arises from:

  • Combination with non-CONSTRUIRE software/hardware.
  • Use of an outdated or modified version.
  • Your breach of this Agreement.
    This mirrors the COMSOL SLA (Section 10(c)).

9.3 Process: The indemnified party must notify the other promptly, cooperate in defense (at the indemnifying party’s expense), and allow control of the claim, subject to mutual consent on settlement, per the COMSOL SLA (Section 10(d)).

10 – Export Compliance

10.1 Obligation: You must comply with all applicable export/import laws (e.g., U.S., EU, UK), per the COMSOL SLA (Section 6). You warrant that neither You nor Your authorized users are on prohibited lists or located in embargoed countries unless permitted by law.

10.2 Screening: We may restrict access to comply with export laws and reserve the right to terminate licenses for users in prohibited jurisdictions without liability.

11 – Termination

11.1 By Us: We may terminate this Agreement:

  • With 60 days’ notice if You breach it and fail to cure within that period.
  • Immediately, without notice, if payment remains unpaid for 15 days past due, per the COMSOL SLA (Section 14).
  • With 30 days’ notice if You misuse the Applications or challenge Our intellectual property rights.
  • Immediately if Our COMSOL license is terminated (e.g., due to non-payment), affecting Our ability to host the Applications. We will notify You promptly, and no liability shall accrue beyond refunding prepaid fees for unused periods.

11.2 By You: You may terminate at any time, without refund.

11.3 Effect: Upon termination:

  • Your rights cease.
  • You must stop Using the Applications and delete any copies of Documentation.
  • All unpaid fees become due.

12 – Miscellaneous

12.1 Governing Law: This Agreement is governed by French law.

12.2 Entire Agreement: This Agreement, with any invoice or order confirmation, constitutes the full understanding between Us and You, superseding prior agreements. Amendments require written consent.

12.3 Language: The French version prevails in disputes.

12.4 COMSOL Dependency: Our ability to provide the Applications relies on Our COMSOL license. We are not liable for interruptions due to COMSOL’s actions beyond Our control.

12.5 Acceptance: By purchasing and Using the Applications, You acknowledge understanding and accepting all terms herein, the COMSOL SLA, and related External Program terms.

Our promise

Why choose us

CONSTRUIRE defends a fundamental notion in the building sector :
Providing an enlightened technical vision, through precision engineering and project management, by offering eco-efficient solutions with high-level projection tools.

A multi-sectoral approach

CONSTRUIRE centralizes all building engineering disciplines with precision, offering a synergistic approach from design to completion that distinguishes the firm through its independence and analytical excellence across residential, commercial, and industrial sectors..

An ecological construction

CONSTRUIRE transforms ecological building from luxury to strategic advantage, integrating sustainability principles that enhance property value, reduce lifetime costs, and anticipate future regulations while exceeding user expectations.

Use of modern technological tools

CONSTRUIRE harnesses cutting-edge modeling technologies and augmented reality to anticipate construction challenges, streamline team coordination, and optimize lifecycle costs while delivering superior quality outcomes.

Well accompanied!

Partnership