Agreement
These Terms of Service govern access to Bacenik SMA DIS software and related documentation. By creating an account, subscribing, or using the platform, you agree to these terms.
SMA DIS is engineering decision-support software. It does not provide certification, regulatory approval, material qualification, medical device clearance, flight authorization, or final design signoff.
Software vs professional services
A paid subscription grants platform access: projects, self-serve feasibility assessments within plan limits, and export of screening records generated by the software.
Expert-reviewed Screening Record delivery, design review facilitation, and technical due diligence are separate professional services governed by a Statement of Work or Order Form — not included in standard subscription unless explicitly stated.
Acceptable use
You may use SMA DIS only for lawful engineering, research, and commercial planning purposes consistent with these terms.
Do not upload export-controlled, classified, or unauthorized third-party data. Do not misrepresent platform outputs as certification, regulatory submission, or lot-specific qualification.
Do not attempt to circumvent assessment caps, tier gates, or audit controls.
Disclaimer of warranties
SMA DIS is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Bacenik disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Screening scores, recommendations, and reports are advisory. You are solely responsible for validation against project requirements, applicable standards, and qualified expert review before commitment decisions.
Limitation of liability
To the fullest extent permitted by applicable law, Bacenik and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, programs, or business opportunity.
Total aggregate liability arising from or related to SMA DIS shall not exceed the greater of (a) amounts paid by you to Bacenik for the service in the twelve months preceding the claim, or (b) one hundred United States dollars (USD $100).
Indemnification
You agree to indemnify and hold harmless Bacenik from claims arising from your misuse of the platform, your uploaded content, your reliance on outputs without appropriate validation, or your violation of these terms or applicable law.
Export control
You represent that your use complies with applicable export-control and sanctions laws. Do not use SMA DIS in violation of U.S., EU, UK, or local export restrictions. You are responsible for determining whether your SMA application is subject to dual-use or defense-related controls.
Governing law
These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory local consumer protection law applies.
Disputes shall be resolved in the state or federal courts located in Delaware, unless otherwise required by applicable law.