Last updated: July 19, 2026
These Terms of Service ("Terms") are a legal agreement between you ("you" or "User") and ThermoSketch LLC, a Wyoming limited liability company ("ThermoSketch," "we," "us," or "our"), governing your access to and use of the ThermoSketch website, applications, and engineering simulation and analysis tools and related services (collectively, the "Service"), available at thermosketch.com and its subdomains.
By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree, do not use the Service.
You must be at least 18 years old to create an account or use the Service. By using the Service, you represent that you meet this requirement and that you have the legal capacity to enter into a binding agreement in your jurisdiction. The Service is intended for use by engineering professionals, students, and researchers for engineering estimation and analysis purposes and is not directed at children.
ThermoSketch provides cloud-hosted engineering simulation and analysis tools intended to support thermal management and related engineering design workflows. The specific tools, features, and capabilities available may change, expand, or be modified over time at our discretion, and such changes do not require an amendment to these Terms unless they materially affect your rights or obligations hereunder.
The Service is provided on a subscription basis with multiple plans (including a free tier and one or more paid tiers), as described on our pricing page. Plan names, features, quotas, and pricing are subject to change; the version published on our pricing page at the time of your subscription (and as subsequently updated in accordance with Section 14) governs.
3.1 You must register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information and to keep it updated.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@thermosketch.com if you suspect unauthorized use of your account.
3.3 Accounts are personal to you and may not be shared, sold, transferred, or used to provide access to the Service to third parties who have not agreed to these Terms.
4.1 Merchant of Record. Payments for paid plans are processed by our payment processor acting as merchant of record ("Payment Processor"), currently Dodo Payments. When you purchase a paid plan, your transaction is with the Payment Processor as the seller of record, and your payment relationship (including billing, invoicing, and payment method handling) is governed by the Payment Processor's own terms of sale, which will be presented to you at checkout. ThermoSketch does not receive or store your payment card details.
4.2 Auto-Renewal. Paid subscriptions automatically renew for successive billing periods (e.g., monthly or annually) until cancelled. You will be charged on each renewal date unless you cancel before that date. Cancellation is handled through the Payment Processor's customer portal and takes effect either immediately or at the end of your current billing period, depending on the option you select, in accordance with the Payment Processor's then-current cancellation process presented to you there.
4.3 Price Changes. We may change subscription pricing prospectively. If a price change applies to your active subscription, we (or the Payment Processor) will provide advance notice, and continued use of the Service after the price change takes effect constitutes acceptance of the new price, except where the Payment Processor's terms require your affirmative consent.
4.4 Taxes. Subscription prices may be subject to sales tax, VAT, GST, or similar indirect taxes, calculated and collected by the Payment Processor based on applicable jurisdiction rules.
All refund requests are handled exclusively by our Payment Processor, Dodo Payments, as the merchant of record for your transaction, under its own refund policy (currently published at dodopayments.com/legal/buyer-terms). As of the date of this Policy, that policy provides, among other things, that: refunds are granted at the Payment Processor's sole discretion on a case-by-case basis and may be refused (including in cases of suspected fraud or abuse); there are generally no refunds for the unused portion of a subscription period once a billing period has begun; and refund requests are generally subject to the Payment Processor's own time limits for submission. ThermoSketch does not independently guarantee refunds beyond what the Payment Processor's policy provides, and you should review the Payment Processor's current policy before purchasing. To request a refund, contact the Payment Processor using the instructions provided in your purchase confirmation or invoice, or contact support@thermosketch.com and we will direct you accordingly.
You agree that you will not, and will not permit any third party to:
(a) use the Service for any unlawful purpose, or in violation of any applicable local, state, national, or international law or regulation;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or solver logic of the Service, except to the extent such restriction is prohibited by applicable law;
(c) scrape, crawl, use automated means to extract data from, or otherwise attempt to circumvent rate limits, quotas, or access controls of the Service;
(d) attempt to gain unauthorized access to any part of the Service, other users' accounts or data, or any systems or networks connected to the Service;
(e) upload or transmit any material that infringes the intellectual property, privacy, or other rights of any third party, or that contains malicious code;
(f) resell, sublicense, or commercially redistribute access to the Service without our prior written consent;
(g) use the Service to develop a competing product or service, or to benchmark the Service for competitive purposes without our prior written consent;
(h) use the Service, or any output generated by the Service, in connection with any application involving nuclear, chemical, or biological weapons, missile technology, or other weapons of mass destruction, or any other end use prohibited under Section 7 (Export Control and Sanctions); or
(i) misrepresent your identity or affiliation, or use the Service to impersonate any person or entity.
We reserve the right to suspend or terminate accounts that we reasonably believe violate this Acceptable Use Policy, with or without notice, as described in Section 12.
7.1 The Service may be subject to U.S. export control and economic sanctions laws, including regulations administered by the U.S. Department of Commerce (Export Administration Regulations, "EAR") and the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC").
7.2 By using the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any country or region that is the subject of comprehensive U.S. sanctions; (b) you are not identified on any U.S. government restricted-party list, including OFAC's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Persons, Entity, or Unverified Lists; and (c) you will not use the Service, or export, re-export, or transfer any output of the Service, in violation of applicable export control or sanctions laws, or for any end use or end user prohibited under such laws (including nuclear, chemical, biological weapons, or missile technology end uses).
7.3 We reserve the right to deny or suspend access to the Service where necessary to comply with applicable export control or sanctions obligations.
7.4 This Section is a general compliance representation and does not constitute a determination of the Service's export control classification (e.g., ECCN). If your use case has specific export control implications, you are responsible for obtaining your own classification and legal advice.
8.1 Our IP. The Service, including its software, algorithms, solvers, user interface, and all related intellectual property, is owned by ThermoSketch or its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal engineering work, subject to these Terms.
8.2 Your Content. As between you and ThermoSketch, you retain all rights to the design data, input parameters, and other content you provide to the Service ("Your Content"). Because the Service is designed on a zero-retention basis for design and simulation data (see Section 9 and our Privacy Policy), Your Content is processed only transiently to generate results for you and is not persistently stored on our servers. You grant us a limited license to process Your Content solely as necessary to provide the Service to you.
8.3 Results. Simulation results and outputs generated for you through the Service are yours to use for your own purposes, subject to the disclaimers in Section 10. We do not claim ownership of your specific results, but we retain all rights in the underlying software, methods, and solvers that generated them.
8.4 Feedback. If you provide suggestions, feedback, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
Our collection and use of information, including our zero-retention approach to design geometry and simulation input/output data across all plans (free and paid), is described in our Privacy Policy, which is incorporated into these Terms by reference. Certain plans may include AI-assisted analysis features that operate only on data present in your active session and do not retain or access design data from prior sessions.
10.1 Engineering Estimation Tool, Not a Certification. ThermoSketch is a simulation and estimation tool based on simplified engineering models. Results may deviate from physical reality and have not been validated for your specific design, application, or safety-critical use case. The Service does not constitute a professional engineering opinion, stamp, certification, or safety approval, and use of the Service does not substitute for review by a qualified, licensed engineer.
10.2 No Sole Reliance for Safety-Critical Decisions. You must independently verify all results before relying on them, and you must not use the Service, or any of its outputs, as the sole basis for any safety-critical decision, including but not limited to battery pack safety design, thermal runaway or thermal propagation mitigation design, pressure-relief device sizing, or any other application where failure could result in injury, death, or significant property or environmental damage. You are solely responsible for your engineering decisions and for compliance with applicable engineering standards, codes, and regulations.
10.3 "As Is" Disclaimer. The Service and all results are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that results will be accurate or suitable for your particular purpose.
11.1 To the maximum extent permitted by applicable law, in no event will ThermoSketch or its owners, members, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.
11.2 To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us (or our Payment Processor on our behalf) for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).
11.3 Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, so some of the above limitations may not fully apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
12.1 You may stop using the Service and cancel your subscription at any time in accordance with Section 4.
12.2 We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms (including the Acceptable Use Policy or Export Control provisions), if required by law, or if we discontinue the Service or a portion of it.
12.3 Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 8, 10, 11, 13, 15, and 16) will survive.
You agree to indemnify, defend, and hold harmless ThermoSketch and its owners, members, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) your violation of any applicable law or third-party rights; or (d) any safety-critical decision made in reliance on the Service in violation of Section 10.
We may update these Terms from time to time. If we make material changes, we will provide notice (such as by email or a notice on the Service) before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription in accordance with Section 4.
15.1 Governing Law. These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws principles, except that arbitration matters are governed by the U.S. Federal Arbitration Act.
15.2 Agreement to Arbitrate. Except for (a) individual claims that qualify for small claims court, and (b) claims for injunctive relief related to intellectual property or Acceptable Use violations, you and ThermoSketch agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules, conducted on an individual basis only (not as a class, collective, or representative action), with hearings conducted remotely/virtually where reasonably practicable.
15.3 Class Action and Jury Trial Waiver. You and ThermoSketch each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding.
15.4 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to support@thermosketch.com within thirty (30) days of first accepting these Terms. If you opt out, disputes will instead be resolved exclusively in the state or federal courts located in Wyoming, and you and ThermoSketch each consent to personal jurisdiction there.
15.5 If any part of this arbitration provision is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court rather than arbitration.
16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other referenced policies, constitute the entire agreement between you and ThermoSketch regarding the Service.
16.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
16.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
16.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.5 Force Majeure. We are not liable for any failure or delay resulting from causes beyond our reasonable control.
16.6 Notices. We may provide notices to you via the email address associated with your account or via a notice on the Service. You may provide notices to us at support@thermosketch.com.
If you have questions about these Terms, contact us at support@thermosketch.com.