KinetiRO Sim licence terms

The entity granting the licence

• Eduardo Damian Saucedo Montemayor, persona física con actividad empresarial
• RFC: SAME991214TD0

What the drafted licence must cover

1. No design liability, stated as the central term rather than buried

   KinetiRO supplies a calculation tool. The user is the engineer, the output is not a design issued by KinetiRO, and nothing the software produces carries any professional responsibility of KinetiRO's.

   Stated as the company's position rather than as a limitation on it: KinetiRO offers the tool, not the design. KinetiRO accepts no design liability. The engineer using the software is the engineer responsible for the design, and no output of the software is issued, reviewed, approved or stamped by KinetiRO.

2. The accuracy disclaimer

   This needs unusual care here, because the rest of this site argues that the arithmetic is checkable and published. A disclaimer reading "nothing we say is reliable" contradicts the site and would be quoted back at us. The honest form is narrow: the methods and their sources are published and were verified as described; the user is responsible for whether a method suits their application, and for the inputs they supply.

3. An account is required to design and calculate, and what that account is

   There is no anonymous use. During the beta every account is issued a complimentary licence with full access for the whole beta period — no cap on stored projects and every export format — with no payment method attached. When a licence lapses the account drops to the free plan rather than locking.

   The sign-in gate is presentation; the licence is the enforceable instrument. KinetiRO Sim is a static application executing on the user's own machine, so a gate implemented in its interface can be removed there by a determined user. Nothing downstream of that gate is a security boundary, and the licence rather than the interface is what binds.

   At the end of the beta an account drops to the free plan, and nothing is deleted. Projects stored during the beta are not removed because the free plan's limit is lower than the number held — the account keeps what it has and the limit governs what can be added.

4. The free plan, and that it may change

   Five stored projects and no export of any kind. It calculates without limit. The terms should say plainly that the free plan may change.

5. Who the service is for

   A clause limiting the service to professional or business users aged 18 or over.

6. A licence: per seat, its term, its renewal

   And that Pro and Team unlock the same capability — Team differs in who holds the licence and who administers the seats.

   There is no billing during the beta and no price is shown. Nothing is charged, no payment method is held, and no purchase can be made. These terms will be extended to cover payment methods, billing period, seat changes, cancellation and refunds when paid plans open, and that extension will be published before the first charge rather than after it.

7. That projects are stored on KinetiRO's server under the account, encrypted so that KinetiRO cannot read a design, and that a lost passphrase is unrecoverable

   This belongs in the terms and not only in the marketing copy. The clause states four things. Where a project is: on KinetiRO's server, in a database table under the account that creates or opens it, with a copy in the user's browser; it follows the account to any device the account signs in from. The calculation runs in the browser: a flowsheet is solved on the machine, never on a server. What KinetiRO cannot read: the design — the flowsheet, every block and its parameters, the equipment, the sizing, the layout and the project's name — is encrypted in the browser before it is stored, under a passphrase the account holder sets once, at the first sign-in before anything is uploaded, and enters on each device; it is stored as ciphertext, and KinetiRO holds no key to it unless the user shares it — a shared design is also encrypted to KinetiRO's key, so KinetiRO can open it. The passphrase itself is never sent to KinetiRO: the key that encrypts a design is derived from it in the browser, and only the encrypted design is stored. KinetiRO cannot read a design without the passphrase — so, for a design that is not shared, its strength is what protects it. What KinetiRO can read of every project: the account and its company; the dates it was created and last saved; the number of blocks and of streams; the initial characterisation of the water; once the project has been calculated, the flow and quality of every outlet stream as solved — the treated water, the permeate and concentrate of any membrane array, the sludge, and the air and biogas; and the number of projects the account holds. Sharing, and loss: An account may choose to share its designs with KinetiRO. The choice is off unless the account holder turns it on, and it applies to every design of the account. Turning the choice on shares the designs the browser already holds, not only those saved afterwards; turning it off stops sharing them from that browser, and what has already been shared cannot be taken back. Sharing cannot be turned on before the design passphrase has been entered on that device; until it is, the control is disabled and no design is sent. A forgotten passphrase loses every design, with no recovery by KinetiRO, because the same property that keeps the design unreadable makes it unrecoverable — so export anything that cannot be lost. The licence says so rather than leaving it to the marketing page. It changed together with the storage section of the product page and the corresponding part of the privacy notice.

8. That private keys live in the browser

   Sealing is not available yet, so this clause describes a feature still being built rather than one in use. When it ships: a sealed .eaqua file addressed only to a destroyed browser profile is permanently unreadable — by KinetiRO as well as by the recipient. The licence says so rather than leaving it to the marketing page.

9. That manufacturer element data is indicative catalogue data

   For preliminary sizing, not endorsed by the manufacturers, and to be confirmed against the current datasheet and the manufacturer's own projection software before a design is issued.

10. Trade mark and liability review of the third-party names

    Hydranautics, LG Chem and Veolia appear in the tool as element vendors, with product designations. Their presence in a commercial product needs review.

    The licence records what the tool already says on the panel: the element data is published catalogue data, reproduced for preliminary sizing. The manufacturers are named as the source of that data and not as endorsers of this software; none is consulted about the list, and none receives anything for being in it. Any element must be confirmed against the current datasheet and the manufacturer's own projection software before a design is issued.

Related

• What KinetiRO Sim does, including what sealed files do and do not guarantee, and where work is stored.
• The verification of the calculation.
• Pricing.
• Privacy notice.