We're happy to serve our community of students, hobbyists, and engineers.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CircuitLab, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your CircuitLab Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. CircuitLab may change or remove any content or description or data that it considers inappropriate or unlawful, or otherwise likely to cause CircuitLab liability. You must immediately notify CircuitLab of any unauthorized uses of your account or any other breaches of security. CircuitLab will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Your Content. If you publish any content or data on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, including resulting calculations and simulations, collectively "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, video, computer software, circuit schematics, or simulations. We do not claim ownership of your Content, but this Agreement does grant us the limited rights necessary to run our service.
By making Content available, you represent and warrant that:
By submitting Content to CircuitLab for inclusion on the Website, you grant CircuitLab a world-wide, royalty-free, irrevocable, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, and making it available for use by our tools, and for any associated incidental copying of said Content. You grant CircuitLab permission to collect and publish analytics and metadata about your Content and your use of the CircuitLab software. Additionally, by submitting Content to be made available for public distribution (for example, by marking a schematic as available for public distribution), you grant CircuitLab a world-wide, royalty-free, irrevocable, and non-exclusive license to reproduce, modify, adapt, and publish the Content for any marketing or promotional purposes at the sole discretion of CircuitLab. You understand and acknowledge that submitting Content to the Website intended for public distribution may additionally grant limited rights to your Content to third parties under the doctrine of fair use. If you delete Content, CircuitLab will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, CircuitLab has the right (though not the obligation) to, in CircuitLab's sole discretion (i) refuse or remove any content that, in CircuitLab's reasonable opinion, violates any CircuitLab policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CircuitLab's sole discretion. CircuitLab will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. CircuitLab has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, CircuitLab does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CircuitLab disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Premium Accounts. CircuitLab offers certain paid plans that enable additional features and capabilites of the CircuitLab software. Paid users of the Website are a "Customer" of CircuitLab.
Changes. CircuitLab reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. CircuitLab may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
Termination. CircuitLab may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Suggestions. While we appreciate it when users send us feedback, we may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions that users send CircuitLab or post in CircuitLab forums without any obligation to users.
Customer List. CircuitLab may include your name and organization in a list of CircuitLab users and customers on the CircuitLab website or in other materials.
Disclaimer of Warranties. The website is provided "as is". CircuitLab and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CircuitLab nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. In any dispute with us, your sole remedy is to stop using your account and cancel any fee-based services.
CircuitLab makes no warranty that access to the Website will be uninterrupted, error-free, timely, secure, or will operate at any particular speed or frequency. CircuitLab makes no guarantees as to availability of the service with respect to scheduled or unscheduled downtime. Your use of the service is on an "as-is" basis. Customers requiring service availability guarantees may contact us for details and pricing information.
CircuitLab assumes no liability for circuit designs or simulation accuracy. You are responsible for your use of any website Content, including simulations and calculations. To minimize the risks associated with your application, you should provide adequate design and operating safeguards. The use of CircuitLab schematics or simulations for safety-critical applications, such as life support, medical devices, nuclear control systems, or any system where device failure could reasonably be expected to cause personal injury or death, is not authorized under this Terms of Service. You represent that you have the necessary expertise in the safety and regulatory ramifications of any devices you construct based on the Content, and you acknowledge and agree that You are solely responsible for all legal, regulatory, and safety-related requirements concerning said applications.
Limitation of Liability. In no event will CircuitLab, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CircuitLab under this agreement during the twelve (12) month period prior to the cause of action. CircuitLab shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless CircuitLab, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Jurisdiction. You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California's conflict of laws rules. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Santa Clara County, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of ligitating any such claim or action. Please note that by agreeing to these Terms of Service you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of California over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the state of California for the purpose of resolving any such disputes or claims.
Miscellanous. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
As you use CircuitLab, we may collect the following types of information:
We will use this data to provide service to you and to our community. We may use third-party services to help us do so, including server/web hosting, content distribution networks, advertising networks, data storage, web analytics, e-mail service providers, payment processing, data backups, and others. These third-parties may have access to some or all of your data as they act on our behalf to provide services as contracted. We may also use this data to help us understand the needs of our customers and provide further services to your benefit.
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will attempt to notify you of any change in control via email and/or a prominent notice on our website.
If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice ("Infringement Notice") complying with 17 USC § 512 (c) (3) to the designated agent listed below. Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org. Please be advised that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
When possible, you are also encouraged to directly contact the user who you believe to be infringing your copyright when possible to see if the matter can be resolved directly between you and the user.
Before contacting the Designated Agent, be sure your Infringement Notice sent to us contains all of the following elements, as per 17 USC § 512 (c) (3):
DMCA Agent, CircuitLab.com
10427 Janway Dr.
El Paso, TX 79925
Fax: 267-765-2100 ext. 4329