Contents

  1. Acceptance of Terms
  2. Description of Services
  3. Use of Engineering Tools and Content
  4. User Responsibilities
  5. Accounts and Access
  6. Intellectual Property
  7. Third-Party Content and Tools
  8. AI-Generated Content
  9. Data and Confidentiality
  10. Export Control and Sanctions Compliance
  11. Disclaimer of Warranties
  12. Limitation of Liability
  13. Indemnification
  14. Termination
  15. Changes to Terms or Services
  16. Governing Law
  17. Contact
  18. Entity Status

1. Acceptance of Terms

By accessing or using the Valevant Engineering platform, website, tools, simulators, or any related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. These Terms constitute the entire agreement between you and Valevant ("we", "our", or "us") regarding your use of the Services and supersede any prior or contemporaneous agreements. If you do not agree to these Terms in their entirety, you must not access or use the Services.

Where you access the Services on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to "you" include that organisation.

2. Description of Services

Valevant provides an engineering software platform delivering industrial reliability analytics, mechanical simulation, and asset failure forecasting tools. The platform includes, but is not limited to:

Valevant reserves the right to modify, expand, or discontinue any part of the Services at any time without notice.

3. Use of Engineering Tools and Content

Important: All simulators, analytics tools, models, and content provided through the Services are intended for professional engineering informational and analytical purposes only. They do not constitute certified engineering advice, final design sign-off, or regulatory compliance assurance.

Outputs produced by the Valevant platform — including failure forecasts, stress calculations, reliability estimates, and simulation results — are based on mathematical models that require appropriate input data and engineering judgment to interpret. Valevant makes no guarantee regarding the accuracy, completeness, or fitness for purpose of any output for your specific application.

You are strongly encouraged to have results reviewed by a qualified professional engineer registered in the relevant jurisdiction before making operational, design, or safety-critical decisions.

4. User Responsibilities

You are solely responsible for:

You agree not to use the Services for any unlawful purpose, to transmit any harmful, defamatory, or offensive content, or to attempt to gain unauthorised access to any system, network, or data.

5. Accounts and Access

Certain features of the platform may require registration for an account. You agree to provide accurate and current information during registration and to keep this information updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of any unauthorised access to your account.

Valevant reserves the right to suspend or terminate accounts that are used in breach of these Terms, that have been inactive for an extended period, or where required by applicable law.

6. Intellectual Property

All content on the Valevant platform — including but not limited to engineering models, simulation logic, algorithms, software code, visual interfaces, graphics, branding, documentation, and training materials — is the exclusive property of Valevant or is used under applicable licence, and is protected by Australian and international copyright, trademark, and intellectual property laws.

You may not copy, reproduce, reverse-engineer, decompile, disassemble, distribute, modify, create derivative works from, or sublicence any part of the platform or its content without prior written consent from Valevant. Permitted personal use for legitimate engineering analysis does not confer any ownership of platform content.

You retain ownership of the raw data you submit to the platform. By submitting data, you grant Valevant a limited, non-exclusive licence to process that data solely for the purpose of delivering the requested Services.

7. Third-Party Content and Tools

The platform may integrate or link to third-party services, libraries, or content including but not limited to cloud infrastructure providers, analytics services, and payment processors. These third parties operate under their own terms and privacy policies. Valevant is not responsible for the practices, content, or availability of third-party services.

Some visual assets used on this website may be sourced from royalty-free platforms such as Unsplash, Pexels, or Pixabay, used in accordance with their respective licences. Valevant does not claim ownership over such third-party images and provides attribution where required.

8. AI-Generated Content

The platform may feature content, documentation, or visual assets generated using artificial intelligence tools. Such content is intended to be original and non-derivative of protected works. Valevant does not knowingly reproduce or imitate copyrighted materials without authorisation. AI-generated content within the platform does not constitute certified engineering guidance and carries the same limitations as all other platform content.

9. Data and Confidentiality

Valevant processes data submitted through the platform in accordance with our Privacy Policy. You are responsible for ensuring you have the right to submit any data to the platform, particularly where that data relates to third parties or is subject to confidentiality obligations under client or employment agreements.

Where a separate data processing agreement or enterprise service agreement is in place between Valevant and your organisation, the terms of that agreement shall take precedence over these general Terms with respect to data handling.

10. Export Control and Sanctions Compliance

10.1 Prohibited Jurisdictions

The Services, software, and technical data provided by Valevant are subject to the export control and economic sanctions laws of Australia and, where applicable, the United States. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to a comprehensive trade embargo, including but not limited to Russia, Iran, North Korea, Cuba, Syria, Belarus, and the Crimea, Donetsk, and Luhansk regions.

10.2 Restricted Persons

You certify that you are not listed on any Australian Autonomous Sanctions list, the United Nations Security Council consolidated sanctions list, or the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals and Blocked Persons (SDN list). You further certify that you are not owned or controlled by any such listed person or entity.

10.3 Prohibited End-Use

You agree that you will not use Valevant's tools, models, algorithms, or technical outputs for any purpose prohibited by international law or applicable export control regulations, including but not limited to: the development of weapons of mass destruction, dual-use technologies for non-civilian applications in sanctioned regimes, or any military end-use in jurisdictions subject to Australian Defence Export Controls or U.S. Export Administration Regulations (EAR).

10.4 Representations and Undertakings

You represent and warrant on an ongoing basis that your access to and use of the Services is in full compliance with all applicable export control and sanctions laws. You agree to notify Valevant immediately if any representation made under this clause becomes inaccurate.

10.5 Termination and Reporting

Valevant reserves the right to immediately suspend or terminate access to the Services and to report any suspected or actual breach of these sanctions obligations to the Australian Department of Foreign Affairs and Trade (DFAT), the Australian Federal Police, or any other relevant authority, without prior notice to you.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services and all content are provided on an "as is" and "as available" basis. Valevant makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or uninterrupted access.

Valevant does not warrant that the platform will be free from errors, bugs, security vulnerabilities, or interruptions, or that any defects will be corrected. Use of the Services is entirely at your own risk.

Nothing in these Terms excludes or limits any guarantee or warranty that cannot be excluded or limited under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010).

12. Limitation of Liability

To the maximum extent permitted by law, Valevant's total aggregate liability to you for any claims arising out of or related to your use of the Services — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the greater of (a) the amount paid by you to Valevant in the twelve months preceding the event giving rise to the claim, or (b) AUD $100.

In no event shall Valevant be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, engineering project losses, or operational downtime, even if Valevant has been advised of the possibility of such damages.

These limitations apply to the fullest extent permissible under Australian law and do not affect any rights you may have under the Australian Consumer Law that cannot be excluded.

13. Indemnification

You agree to indemnify, defend, and hold harmless Valevant and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, losses, damages, fines, penalties, and costs (including reasonable legal fees) arising from: (a) your use of the Services in breach of these Terms; (b) your violation of any applicable law or regulation; (c) any data or content you submit to the platform; or (d) any claim by a third party arising from your actions in connection with the Services.

14. Termination

Valevant may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or unlawful conduct, or if required to do so by law. Upon termination, all licences granted to you under these Terms cease immediately.

Provisions that by their nature should survive termination — including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Export Control and Sanctions Compliance, and Governing Law — shall survive any termination or expiry of these Terms.

15. Changes to Terms or Services

Valevant may update or amend these Terms at any time. The effective date at the top of this page will be updated accordingly. Where changes are material, we will endeavour to provide reasonable notice via the platform or email. Your continued use of the Services after any update constitutes your acceptance of the revised Terms. If you do not agree to any updated Terms, you must discontinue use of the Services.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of laws principles. Any dispute arising from or in connection with these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia. Valevant reserves the right to seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property or confidential information.

17. Contact

For any questions, concerns, or legal notices regarding these Terms, please contact:

Valevant
Email: [email protected]
Queensland, Australia

18. Entity Status

Valevant currently operates as an unincorporated trading name based in Queensland, Australia. Where these Terms refer to "Valevant," the obligations and rights described shall transfer to any successor entity (including a future incorporated company of substantially the same name) upon its formation, without the need for further notice or consent.