These Terms and Conditions set out the terms of use under which you (the User) may use ENGYS’ main website engys.com and ENGYS’ customer portal clients.engys.com (herein collectively referred to as Our Sites).
Please read these Terms and Conditions carefully and ensure that you understand them. By accessing any of Our Sites, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Our Sites.
ENGYS Website Terms and Conditions (engys.com / clients.engys.com) – last update: 17 July 2026
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Content means any and all text, images, audio, video, functionality, scripts, code, software, databases, services and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Sites; and
ENGYS/We mean collectively ENGYS Ltd., a company registered in England under number 6936178, whose registered address is 1 The Green, Richmond, Surrey, TW9 1PL, UK, and all its affiliates and subsidiary companies:
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- ENGYS GmbH of Goetheplatz 1, 18055 Rostock, Germany;
- ENGYS Srl a sole partner company from Via del Follatoio 12, 34147 Trieste, Italia;
- ENGYS AUST PTY LTD 47 of Camelot Street, Tennyson, QLD 4105, Australia;
- ENGYS LLC of 20 South Sarah Street, Saint Louis, MO 63108, USA; and
- ENGYS Desenvolvimento de Software Ltda. of Rua Mostardeiro, 800 – sala 601, CEP 90430-000, Porto Alegre, RS, Brasil.
2. Access to Our Sites
2.1 Our Sites, engys.com and clients.engys.com, are operated by ENGYS Ltd. of Studio 20, Royal Victoria Patriotic Building, John Archer Way, London, SW18 3SX, UK.
2.2 Access to Our Sites is free of charge. No part of Our Sites requires payment of any kind in order to access or use it.
2.3 It is the User’s responsibility to make any and all arrangements necessary in order to access Our Sites.
2.4 ENGYS may alter, suspend or discontinue Our Sites (or any part of them) at any time and without notice.
3. Intellectual Property Rights
3.1 Without prejudice to the your rights of ownership over any data you own (personal or otherwise) that you upload to Our Sites, all Content included on Our Sites and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise in Clause 4, belongs to or has been licensed by ENGYS. All Content is protected by applicable UK and international intellectual property laws and treaties. All rights are reserved.
3.2 Subject to sub-Clauses 3.3 and 3.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Sites without express written permission to do so by ENGYS.
3.3 You may:
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- Access, view and use Our Sites in a web browser (including any web browsing capability built into other types of software or app);
- Download Our Sites (or any part of it) for caching;
- Print pages from Our Sites;
- Download extracts from pages on Our Sites; and
- Save pages from Our Sites for later and/or offline viewing.
3.4 ENGYS’ status as the owner and author of the Content on Our Sites (or that of identified licensors, as appropriate) must always be acknowledged.
3.5 You may not use any Content saved or downloaded from Our Sites for commercial purposes without first obtaining a licence from ENGYS (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Sites for general information purposes whether by business users or consumers.
3.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the UK Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
4. Third-party Rights
None of the OPENFOAM® related products and services advertised in Our Sites are approved or endorsed by OpenCFD Ltd., producer and distributor of OpenFOAM software via www.openfoam.com, and owner of the OPENFOAM® and OpenCFD® trade marks.
5. Links to Our Sites
5.1 You may link to Our Sites provided that:
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- You do so in a fair and legal manner;
- You do not do so in a manner that suggests any form of association, endorsement or approval on ENGYS’ part where none exists;
- You do not use any logos or trade marks displayed on Our Sites without ENGYS’ express written permission; and
- You do not do so in a way that is calculated to damage ENGYS’ reputation or to take unfair advantage of it.
5.2 Framing or embedding of Our Sites on other websites is not permitted without ENGYS’ express written permission. Please contact ENGYS at [email protected] for further information.
5.3 You may not link to Our Sites from any other site the main content of which contains material that:
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- Is sexually explicit;
- Is obscene, deliberately offensive, hateful or otherwise inflammatory;
- Promotes violence;
- Promotes or assists in any form of unlawful activity;
- Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- Is calculated or is otherwise likely to deceive another person;
- Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.3);
- Implies any form of affiliation with ENGYS where none exists;
- Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.4 The content restrictions in sub-Clause 5.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6. Links to Other Sites
Links to other sites may be included on Our Sites. Unless expressly stated, these sites are not under ENGYS’ control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Sites is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Disclaimers
7.1 Our Sites and all the Content made available through them are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, ENGYS makes no representations, warranties, conditions, or guarantees of any kind, whether express, implied, statutory, or otherwise, regarding Our Sites, including its availability, accuracy, reliability, completeness, fitness for a particular purpose, merchantability, non-infringement, security, or uninterrupted operation.
7.2 Although We exercise all reasonable skill and care to ensure that Our Sites are always operational and free from viruses and other malware (as set out in Clause 9), We do not warrant that Our Sites will be error-free, free from viruses or other harmful components, or available at any particular time or location. Use of Our Site’s is at the User’s sole risk.
7.3 Any technical, engineering, simulation, computational, scientific, or any other information or Content made available to you through Our Sites is provided for general informational purposes only and should not be relied upon for design, safety, regulatory, operational, or commercial decisions. You are solely responsible for independently verifying the suitability, accuracy, and applicability of any information obtained from Our Sites before relying on it.
7.3 We make reasonable efforts to ensure that the Content on Our Sites is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date.
8. Our Liability
8.1 To the fullest extent permissible by law, ENGYS, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive loss or damage, including any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or in connection with the use of, or inability to use, Our Sites or any Content available through Our Sites, whether based in contract, tort (including negligence), breach of statutory duty, or otherwise, even if advised of the possibility of such damages.
8.2 Pursuant to Clause 7.2, ENGYS, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any loss or damage resulting from:
- a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Sites (including any Content downloaded form Our Sites) or any other site referred to on Our Sites; or
- any disruption or non-availability of Our Sites for any cause whatsoever, including but not limited to external causes beyond ENGYS’ control, such as: ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.3 ENGYS’ total aggregate liability arising out of or in connection with Our Sites shall not exceed £100 (one-hundred Pounds Sterling).
8.4 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Sites are secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Sites.
9.4 You must not attempt to gain unauthorised access to any part of Our Sites, the server on which Our Sites is stored, or any other server, computer, or database connected to Our Sites.
9.5 You must not attack Our Sites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the UK Computer Misuse Act 1990 or similar international laws. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Sites will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Sites in a manner that is lawful. Specifically:
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- You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- You must not use Our Sites in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use Our Sites to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- You must not use Our Sites in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Sites if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
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- Suspend, whether temporarily or permanently, your right to access Our Sites;
- Issue you with a written warning;
- Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- Take further legal action against you as appropriate;
- Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- Any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
11. Privacy and Cookies
11.1 For complete details of how We collect, process, store, and retain personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to ENGYS’ Privacy Notice and Cookie Policy.
11.2 Use of Our Sites is also governed by ENGYS’ Privacy Notice and Cookie Policy. These documents are incorporated into these Terms and Conditions by this reference.
12. Communications from ENGYS
12.1 If We have your contact details, We may from time to time send you important notices by email in accordance with ENGYS’ Privacy Notice (see Clause 11). Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
12.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by ENGYS include an unsubscribe link.
13. Contacting ENGYS
If you have any questions or complaints about Our Sites, please contact ENGYS by email at [email protected], by telephone on +44 (0) 20 3239 3041, or by post at ENGYS Ltd., Studio 20, Royal Victora Patriotic Building, John Archer Way, London, SW18 3SX, UK, including a clear description of your query.
14. Changes to These Terms and Conditions
14.1 The date on which these Terms and Conditions were last updated is indicated in the first paragraph at the top of this page.
14.2 We may alter these Terms and Conditions at any time and without any notice given. Any such changes will become binding on you upon your first use of Our Sites after the changes have been implemented. You are therefore advised to check this page regularly.
14.3 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
15. Trade marks
15.1 ENGYS® and HELYX® are registered trade marks of ENGYS Ltd.
15.2 ELEMENTS is a non-registered trade mark of Streamline Solutions LLC, a joint venture between ENGYS Ltd. and Auto Research Center LLC. We are fully authorised to use the mark ELEMENTS, as well as sale, market, distribute, license, support and deliver training for this software product.
15.3 Beyond the marks referred to in sub-Clauses 15.1 and 15.2, any other products or company names reproduced in Our Sites which are not the property of ENGYS are non-registered trade marks or registered trade marks of their respective holders. Any references to these third-party marks do not imply any affiliation with or endorsement by their owners.
16. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and ENGYS (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.