Terms of service
(Global Digital Subscription Service for SPICE Models)
These Terms of Service (“Terms”) govern access to and use of the SPICE model subscription service, downloadable content, website, and related services (collectively, the “Service”) provided by Marutsu Elec Co., Ltd. (“Company,” “we,” “us,” or “our”).
By creating an account, subscribing to a plan, downloading content, or otherwise using the Service, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Service.
1. Eligibility and Acceptance
1.1 Eligibility
You must be at least eighteen (18) years of age and legally capable of entering into binding contracts under applicable law to subscribe to or use the Service.
If you are using the Service on behalf of a corporation, university, research institution, or other legal entity, you represent and warrant that you have authority to bind such entity to these Terms.
1.2 Acceptance of Terms
By registering for an account, subscribing to a plan, accessing downloadable content, or otherwise using the Service, you acknowledge that you have read, understood, and agreed to these Terms and all related policies referenced herein.
1.3 Changes to the Service
The Company reserves the right to modify, suspend, discontinue, or update any aspect of the Service, including subscription plans, downloadable content, pricing, functionality, features, or supported technologies, at any time and without prior notice.
The Company does not guarantee continued availability of any specific SPICE model, library, symbol, report, or downloadable content.
2. Account Registration
2.1 Account Requirement
Access to downloadable content and subscription features requires creation of a registered account.
Certain limited content or features may be offered without charge; however, registration may still be required.
2.2 Accuracy of Information
You agree to provide accurate, complete, and up-to-date information during account registration and throughout your use of the Service.
You are responsible for promptly updating any information that becomes inaccurate or outdated.
2.3 Account Security
You are solely responsible for maintaining the confidentiality and security of your login credentials, including your email address and password.
You must not:
share account credentials with any third party;
permit unauthorized access to your account;
transfer or sublicense account access; or
allow simultaneous unauthorized use of a single account.
You must promptly notify the Company if you become aware of any unauthorized access, security breach, or suspected misuse of your account.
The Company shall not be liable for damages arising from unauthorized access resulting from your failure to properly safeguard account credentials.
2.4 Account Suspension or Termination
The Company reserves the right to suspend or terminate accounts without prior notice if the Company reasonably determines that:
false information has been provided;
fraudulent, abusive, or unauthorized activity has occurred;
account sharing or misuse has occurred;
these Terms have been violated; or
suspension is necessary to protect the Service, users, or intellectual property.
Termination of an account shall not relieve the Customer of outstanding payment obligations.
3. Subscription Plans and Billing
3.1 Subscription Plans
The Service may offer subscription plans, including but not limited to:
Free Plan — limited access to downloadable content;
Standard Plan — access to a specified monthly number of model downloads;
Pro Plan — expanded download access and premium features.
Specific plan details, download limits, pricing, and features shall be described on the applicable subscription page and may be updated from time to time.
3.2 Subscription Fees
Subscription fees are displayed in United States Dollars (USD).
Applicable taxes, including sales tax, value-added tax (VAT), goods and services tax (GST), or similar taxes, may apply depending on your billing location and local legal requirements.
3.3 Automatic Renewal
Unless canceled prior to renewal, subscriptions automatically renew at the end of each billing cycle.
You authorize the Company and its payment processors to charge the applicable recurring subscription fee to your selected payment method.
3.4 Cancellation
Customers may cancel subscriptions at any time through their account settings or the applicable subscription management page.
Cancellation shall become effective at the end of the current billing period.
No partial refunds or prorated credits shall be issued unless otherwise required by applicable law.
3.5 Failed Payments
If payment authorization fails or subscription fees cannot be collected:
access to premium content may be suspended;
downloads may be restricted; and/or
the subscription may be canceled.
The Company reserves the right to retry payment collection using the authorized payment method.
3.6 Payment Processing
Payments are processed through third-party payment providers supported by Shopify or other authorized payment systems.
The Company does not directly store complete payment card information.
Use of third-party payment services may be subject to separate terms and privacy policies.
4. Digital Content and License
4.1 License Grant
Subject to compliance with these Terms and payment of applicable subscription fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use downloaded SPICE models solely for:
simulation;
evaluation;
internal engineering analysis; and
product development purposes.
4.2 Restrictions on Use
Unless expressly permitted in writing by the Company, Customers shall not:
redistribute downloaded models;
resell downloaded content;
publicly share model files;
sublicense content;
provide downloaded models to unaffiliated third parties;
upload content to public repositories; or
reproduce or commercially exploit content outside the scope of the permitted license.
4.3 Ownership of Intellectual Property
All SPICE models, symbols, reports, downloadable files, software, text, graphics, trademarks, branding, and website content remain the exclusive property of the Company or applicable licensors.
No ownership rights are transferred to Customers through subscription or download.
4.4 Download Access
Downloaded content shall be made available through the Customer account after successful registration and, where applicable, payment confirmation.
The Company reserves the right to limit downloads, implement anti-abuse measures, or suspend access where unusual or excessive usage is detected.
5. Engineering and Technical Disclaimer
5.1 Simulation Purposes Only
SPICE models and related content are provided for simulation, evaluation, educational, and engineering reference purposes only.
The Company does not guarantee that:
simulation results will be error-free;
models will accurately replicate real-world performance;
models are suitable for a specific design or application; or
simulation outputs will be appropriate for manufacturing or commercial deployment.
5.2 Customer Validation Responsibility
Customers are solely responsible for independently validating:
circuit behavior;
engineering assumptions;
component suitability;
thermal performance;
electrical characteristics; and
production readiness.
The Company strongly recommends verification through physical testing and engineering review before commercial use.
5.3 No Engineering Warranty
The Company disclaims all warranties regarding engineering accuracy, completeness, performance, fitness for a particular purpose, and non-infringement relating to SPICE models and downloadable content.
6. Refund Policy
6.1 General Refund Policy
Due to the nature of digital products, downloadable content, and subscription-based services, subscription fees, download fees, and other charges are generally non-refundable.
Once access to downloadable content has been granted, refunds will ordinarily not be provided.
6.2 Exceptions
Notwithstanding the foregoing, the Company may, at its sole discretion, provide a refund, replacement, subscription extension, or corrective action if:
downloadable content is materially defective;
purchased content cannot be accessed due to a technical issue attributable to the Company;
billing errors occur; or
applicable law requires a refund.
The Company reserves the right to determine whether a refund request qualifies under this Section.
6.3 Unauthorized Refund Claims
Chargebacks, payment disputes, or fraudulent refund requests may result in:
account suspension;
permanent account termination;
restriction of future access; and/or
legal action where applicable.
7. Acceptable Use and Prohibited Conduct
7.1 Prohibited Activities
Customers shall not:
use the Service for unlawful purposes;
attempt to gain unauthorized access to systems or data;
interfere with or disrupt operation of the Service;
reverse engineer, decompile, or modify downloadable content where prohibited;
engage in scraping, automated extraction, or mass downloading activities;
upload malware, malicious code, or harmful software; or
use the Service in a manner that may impair security or system integrity.
7.2 Anti-Abuse Measures
The Company reserves the right to implement rate limits, download limits, account restrictions, or other anti-abuse mechanisms to protect system performance and intellectual property.
Unusual, excessive, or suspicious usage patterns may result in temporary or permanent account restrictions.
7.3 Export Compliance and Restricted Use
Customers shall comply with all applicable export control laws and regulations when accessing, downloading, using, or transferring SPICE models or related technical information.
Customers shall not use the Service or downloadable content:
for military or weapons-related purposes prohibited by law;
for the development, manufacture, or storage of weapons of mass destruction;
in sanctioned jurisdictions or embargoed territories; or
in violation of export control laws of Japan, the United States, the European Union, or other applicable jurisdictions.
The Company reserves the right to refuse service, suspend access, or request compliance documentation where export-related concerns arise.
8. Privacy and Data Handling
8.1 Collection of Information
The Company may collect information including:
name;
email address;
organization or employer;
payment and billing information;
account activity;
website usage analytics;
download history; and
communications with support services.
Such information shall be handled in accordance with the Company’s Privacy Policy.
8.2 Cookies and Analytics
The Service may use:
cookies;
analytics tools;
usage monitoring technologies; and
diagnostic services
to improve website performance, security, customer experience, and service quality.
The Service may use cookies and similar technologies in accordance with applicable laws. Where required by law, Customers will be provided with appropriate notice and consent options regarding cookies and tracking technologies.
8.3 Third-Party Services
The Company may utilize third-party providers for:
payment processing;
website hosting;
analytics;
authentication;
customer support; and
infrastructure services.
Customer information may be processed by such providers solely as necessary for operation of the Service.
9. Availability of Service
9.1 No Guaranteed Uptime
The Company does not guarantee uninterrupted or error-free availability of the Service.
Temporary interruptions may occur due to:
maintenance;
system upgrades;
cybersecurity incidents;
third-party service failures;
force majeure; or
technical issues.
9.2 Maintenance and Updates
The Company may suspend or restrict access to all or part of the Service without prior notice for maintenance, upgrades, or operational reasons.
9.3 Changes to Content
The Company may add, modify, discontinue, replace, or remove SPICE models, libraries, downloadable materials, or functionality at any time.
The Company does not guarantee permanent availability of previously accessible content.
10. Limitation of Liability
10.1 Limitation of Damages
To the fullest extent permitted by law, the Company shall not be liable for:
indirect damages;
consequential damages;
incidental damages;
punitive damages;
loss of profits;
business interruption;
engineering failure;
production losses; or
lost data
arising from use of the Service or downloadable content.
10.2 Engineering and Design Risks
Customers acknowledge that engineering simulations inherently involve uncertainty.
The Company shall not be responsible for damages resulting from:
inaccurate simulation outputs;
design failures;
manufacturing defects;
component incompatibility; or
engineering decisions based on downloaded models.
10.3 Maximum Liability
To the fullest extent permitted by law, the Company’s aggregate liability arising from the Service shall not exceed the total amount paid by the Customer to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.
11. Intellectual Property Rights
11.1 Ownership
All intellectual property rights relating to the Service, including but not limited to:
SPICE models;
circuit symbols;
reports;
downloadable content;
software;
source materials;
graphics;
website content;
trademarks;
trade names; and
branding
shall remain the exclusive property of the Company or its licensors.
No ownership rights are transferred to Customers through subscription, purchase, or download.
11.2 Restrictions on Reproduction and Redistribution
Except as expressly permitted in these Terms or by prior written consent of the Company, Customers shall not:
reproduce;
redistribute;
sublicense;
publish;
sell;
commercially exploit; or
otherwise transfer
any downloadable content or intellectual property made available through the Service.
This restriction includes redistribution:
within public repositories;
to external contractors without authorization;
to unrelated third parties; or
through internal resale or licensing.
11.3 Feedback
If Customers provide feedback, suggestions, enhancement requests, or technical comments regarding the Service or downloadable content, the Company may freely use such feedback without restriction or compensation.
12. Termination and Suspension
12.1 Termination by Customer
Customers may terminate subscriptions at any time through account settings or applicable subscription management tools.
Termination becomes effective at the end of the applicable billing cycle.
Downloaded content obtained prior to termination may continue to be used only within the scope of the license granted under these Terms.
12.2 Suspension or Termination by the Company
The Company may suspend or terminate access to the Service immediately and without prior notice if:
the Customer violates these Terms;
fraudulent activity is suspected;
payment obligations are not fulfilled;
export compliance concerns arise;
abuse or unauthorized use is detected; or
suspension is reasonably necessary to protect the Company, Customers, licensors, or infrastructure.
12.3 Effect of Termination
Upon termination:
subscription access may immediately cease;
future downloads may become unavailable; and
account access may be restricted.
Termination shall not affect accrued payment obligations or legal rights that arose prior to termination.
13. Disclaimer of Warranties
13.1 Service Provided “As Is”
The Service and all downloadable content are provided on an “AS IS” and “AS AVAILABLE” basis.
To the fullest extent permitted by law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, including:
merchantability;
fitness for a particular purpose;
title;
non-infringement;
uninterrupted availability; and
accuracy of technical outputs.
13.2 No Guarantee of Technical Accuracy
The Company does not warrant that:
SPICE models are free from defects or errors;
simulations will accurately reflect real-world conditions;
downloadable files will be complete;
engineering assumptions are correct; or
outputs are suitable for manufacturing, regulatory approval, or commercial deployment.
Customers remain solely responsible for technical validation.
13.3 Third-Party Content
Certain downloadable content may include or reference information supplied by third-party manufacturers, vendors, or technical partners.
The Company does not warrant the completeness or reliability of such third-party information.
14. Indemnification
Customers agree to defend, indemnify, and hold harmless the Company, its officers, employees, affiliates, licensors, suppliers, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of:
violation of these Terms;
misuse of the Service;
infringement of third-party rights;
unlawful export or technical transfer; or
unauthorized distribution of downloadable content.
15. Force Majeure
The Company shall not be liable for delays, interruptions, or failure to perform resulting from circumstances beyond reasonable control, including:
natural disasters;
war;
terrorism;
cyberattacks;
labor disputes;
governmental actions;
internet outages;
cloud service failures; or
failures of third-party infrastructure providers.
16. Amendments to Terms
16.1 Right to Amend
The Company reserves the right to amend, modify, supplement, or replace these Terms at any time.
16.2 Effective Date of Amendments
Updated Terms become effective upon posting on the Service or Website.
Continued use of the Service following publication of revised Terms constitutes acceptance of such revisions.
17. Governing Law and Jurisdiction
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to conflict-of-law principles.
17.2 Good Faith Resolution
In the event of disputes not expressly resolved under these Terms, the Company and Customer shall endeavor to resolve such matters through good faith discussions.
17.3 Exclusive Jurisdiction
Any dispute arising out of or relating to the Service or these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan as the court of first instance.
18. Contact Information
For questions regarding these Terms or the Service, please contact:
Marutsu Elec Co., Ltd.
Information Management & Security Office
Email: marutsuelec@marutsu.co.jp