HydroBoa Terms of Service

Version: 1.0 · Effective: April 2026 · Last updated: 3 July 2026

In short (non-binding summary): HydroBoa is a modeling tool, not an engineer. You keep ownership of your data. Every result must be independently reviewed and approved by a qualified licensed professional before it is used for any real-world, regulatory, or safety-related decision. We limit our liability, but we never limit liability for death or personal injury caused by our negligence, or anything else the law says we can't limit. This summary does not replace the full terms below.

Welcome to HydroBoa.

These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and HydroBoa Ltd ("HydroBoa," "we," "us," or "our"). They govern your access to and use of the HydroBoa ecosystem, including its cloud platform, desktop and web applications, APIs, mobile applications, plugins, modeling engines, asset repositories, collaboration tools, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

1. Definitions

HydroBoa refers to the software ecosystem, cloud infrastructure, APIs, local applications, and associated services provided by HydroBoa Ltd.

User refers to any individual, organization, or entity using the Platform.

Consumer means an individual acting for purposes outside their trade, business, craft, or profession.

Content includes all uploaded files, models, data, configurations, results, reports, visualizations, and other materials you provide or generate through the Platform.

Model Engines refer to third-party or native computational engines integrated into HydroBoa, including but not limited to SWMM, EPANET, and HEC-RAS, and HydroBoa-native solvers. Additional engines may be added over time and, where integrated, are listed in the Third-Party Notices at https://hydroboa.com/legal/oss-attributions.

Output means any result, report, visualization, diagnostic, log, or other material produced by the Platform, including from Model Engines and AI-assisted features.

Digital Assets refer to project files, asset registries, version histories, and model packages stored within the Platform.

1A. Agreement Structure and Order of Precedence

These Terms incorporate by reference the following policies, each available at https://hydroboa.com/legal:

Privacy Policy — how we handle personal data.
Refund Policy — purchases, refunds, and the role of our payment provider.
Support Access Consent Policy — when and how we may access your project files for support.

If there is a conflict, the following order of precedence applies (highest first): (1) a signed Enterprise Agreement or Order Form; (2) these Terms; (3) the Refund Policy; (4) the Support Access Consent Policy; (5) the Privacy Policy — except that the Privacy Policy controls for the processing of personal data, and any mandatory law that applies to you controls over all of the above to the extent of the conflict.

2. Eligibility

You must be legally capable of entering into a binding agreement to use HydroBoa.

If you use HydroBoa on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization.

3. Scope of Service

HydroBoa provides an integrated hydrologic, hydraulic, water quality, and infrastructure modeling ecosystem, which may include:

Cloud-based simulation execution
Desktop- and web-native model development
Asset management and version control
Digital twin deployment and synchronization
Multi-engine interoperability
Workflow automation
API integrations
AI-assisted model preparation, diagnostics, and optimization assistance

HydroBoa may modify, suspend, or discontinue any part of the Platform at any time. Where a change materially reduces a paid feature you rely on, Section 21 (Changes) applies.

4. Account Registration

To access certain services, you may need to create an account.

You agree to:

Provide accurate information
Keep credentials secure
Maintain account confidentiality
Notify HydroBoa promptly of any unauthorized access

You are responsible for all activities under your account, except to the extent caused by our own failure to maintain reasonable security.

5. User Content and Ownership

You retain all ownership of the Content you upload or generate.

By uploading or generating Content, you grant HydroBoa a limited, non-exclusive, worldwide, royalty-free license to store, back up, host, process, execute, render, analyze, transmit, and create redundant copies of your Content, and to permit our sub-processors (see the Privacy Policy) to perform these acts on our behalf, solely to operate and provide the Platform to you.

We may create aggregated and de-identified statistics and analytics from Platform usage to operate, secure, and improve the Platform, provided such data does not identify you or your Content.

We do not use your Content, models, inputs, or outputs to train HydroBoa's or any third party's general-purpose or foundation AI models. AI-assisted features (Section 15A) process your Content only to generate outputs for you, and any third-party AI sub-processor is contractually bound not to retain your Content or use it for training. Any use beyond providing the Platform to you requires your separate written consent.

HydroBoa does not claim ownership of your engineering models, datasets, or project assets.

6. Cloud Execution and Third-Party Engines

HydroBoa may execute simulations using proprietary cloud infrastructure.

Unless explicitly stated:

No third-party engine binaries are distributed to end users;
Certain Model Engines run in isolated cloud environments operated by HydroBoa on your behalf; and
Only outputs, logs, and processed results are returned to you.

Cloud and local results may differ. Outputs produced in HydroBoa's cloud may differ from those produced by a locally installed or native engine due to environment, engine version, configuration, and format conversion. HydroBoa makes no representation that cloud outputs are numerically identical to any native engine except where, and only to the extent, a specific equivalence is documented for a stated engine version, configuration, and set of conditions. You remain responsible for independently validating all engineering results.

Where HydroBoa operates an integrated Model Engine on your behalf, it does so under that engine's license. Attribution and license notices for integrated engines are published in the Third-Party Notices at https://hydroboa.com/legal/oss-attributions. HydroBoa is not affiliated with, sponsored by, or endorsed by the U.S. Environmental Protection Agency (SWMM, EPANET), the U.S. Army Corps of Engineers / Hydrologic Engineering Center (HEC-RAS), the Open Water Analytics community, or any other engine author, and Outputs are not endorsed by any of them.

7. Intellectual Property

HydroBoa owns all rights, title, and interest in and to:

Platform architecture and source code
User interface
APIs
Proprietary cloud orchestration
Native data schemas
The BOA codec — the encoders, decoders, reference implementations, and the software that generates, reads, validates, and packages BOA files, together with the trade secrets embodied in them
Asset packaging systems
Internal optimization pipelines
Documentation

These are protected by intellectual property laws. HydroBoa does not claim any exclusive right in the abstract idea of a file format, or in your lawful right to interoperate with the Platform to the extent permitted by law.

You may not:

Replicate or reproduce HydroBoa's proprietary cloud infrastructure;
Extract or copy protected source code except as expressly permitted; or
Circumvent, disable, or interfere with access controls, license controls, or usage quotas.

Reverse engineering. Except to the extent this restriction is prohibited by applicable law, you may not reverse engineer, decompile, or disassemble the Platform. Nothing in these Terms restricts any right you have that cannot be excluded by law — including any right under Directive 2009/24/EC (and national equivalents, such as UK CDPA ss. 50B/50BA) to observe, study, or test the functioning of the software, or to decompile it for interoperability, within the conditions those laws set. Any provision that would conflict with such a non-excludable right does not apply to you to that extent.

Feedback. If you send us suggestions or feedback (other than your Content), you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.

8. Open-Source and Third-Party Components

HydroBoa integrates open-source and third-party software, including Model Engines. Such software remains governed by its respective license.

A current list of these components, their versions, licenses, and the required copyright and license notices is published in the Third-Party Notices at https://hydroboa.com/legal/oss-attributions and, where applicable, bundled with downloadable software.

HydroBoa does not claim ownership of third-party engines. Where HydroBoa operates an engine on your behalf in the cloud, HydroBoa is responsible for its own compliance with that engine's license; you are responsible only for license compliance for components you run locally or redistribute yourself.

9. Acceptable Use

You agree not to:

Use HydroBoa for unlawful purposes;
Upload malicious code;
Interfere with or disrupt the infrastructure;
Abuse or overconsume computational resources beyond your plan;
Attempt unauthorized access to any system or account;
Circumvent usage quotas or access controls;
Exploit vulnerabilities; or
Use the Platform to knowingly produce or disseminate harmful environmental misinformation.

HydroBoa may suspend or restrict access for violations.

9A. High-Risk and Prohibited Uses

In short: HydroBoa is not built or certified for life-safety, real-time, or sole-basis regulatory use. If you use it that way anyway, you do so entirely at your own risk, and you accept responsibility for the consequences.

The Platform is not designed, tested, validated, or authorized for use as the sole or unverified basis of any decision affecting human life, safety, or critical infrastructure ("High-Risk Applications"), including without limitation:

Real-time or operational flood forecasting or warning;
Dam, levee, dike, or embankment breach or failure life-safety analysis;
Emergency evacuation planning or public-safety alerting; and
Any regulatory, permitting, or public-infrastructure submission relied upon without independent review, verification, and sign-off by a qualified, licensed professional engineer.

You must not use the Platform for a High-Risk Application except with such independent professional verification. You assume all risk arising from any High-Risk use. Breach of this Section is a material breach of these Terms and triggers your indemnity under Section 16A.

10. Engineering Responsibility and No Reliance

In short: A licensed engineer must review and approve every result before it is used in the real world. HydroBoa does not replace professional engineering judgment.

HydroBoa is a computational tool. It does not provide engineering, professional, legal, or regulatory advice, and its Outputs are not a substitute for the independent judgment of a qualified, licensed professional engineer.

You are solely responsible for:

Engineering judgments and interpretations
Regulatory and code compliance
Model calibration and validation
Data validation and quality control
Safety verification
Design review and approval
Final implementation decisions

You must independently review, verify, and approve every Output before relying on it for any design, regulatory, safety, or operational purpose. HydroBoa does not replace licensed engineering review and accepts no responsibility for decisions made in reliance on Outputs.

11. Data Storage and Versioning

HydroBoa may store project histories, asset snapshots, version trees, cloud execution metadata, and simulation logs.

HydroBoa may implement retention limits depending on subscription plan. Retention periods for personal data are described in the Privacy Policy.

You are responsible for maintaining your own independent backups of critical data unless a written service agreement expressly provides otherwise.

12. Confidentiality

HydroBoa uses reasonable technical and organizational measures to protect user data, as described in the Privacy Policy. However, no system is completely secure.

You should not upload data whose disclosure is prohibited by law or contract without appropriate authorization. Enterprise customers may enter into separate confidentiality or non-disclosure agreements.

Our access to your project files for support is governed by the Support Access Consent Policy.

13. Subscription and Payments

Certain services require payment. Fees may apply for cloud compute, storage, enterprise deployment, premium APIs, and advanced solver access.

All payments are processed by Paddle.com Market Limited ("Paddle") as our Merchant of Record. Your purchase contract for paid HydroBoa services is with Paddle, and Paddle's Buyer Terms apply to your purchase in addition to these Terms.

Refunds, cancellations, subscription renewals, and billing disputes are governed by our Refund Policy and by Paddle's terms, and in each case by your non-excludable statutory rights. To the extent Section 13 and the Refund Policy differ, the Refund Policy controls for refund and cancellation matters.

HydroBoa may change pricing on notice as described in Section 21; price changes apply only to renewals or purchases occurring after the notice period.

14. Service Availability

HydroBoa aims for high availability but does not guarantee uninterrupted or error-free service.

Downtime may occur due to maintenance, infrastructure failures, third-party outages, or events described in Section 14A (Force Majeure).

Except as expressly provided in a signed Enterprise Agreement or Order Form, HydroBoa offers no service-level agreement ("SLA"). Where an SLA applies, the service credits stated in it are your sole and exclusive remedy for any failure to meet the committed availability or performance levels.

Subject to Section 16, HydroBoa is not liable for delays or losses resulting from unavailability. Nothing in this Section excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence.

14A. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, flood, fire, storm, earthquake, war, terrorism, civil unrest, governmental action, epidemic, labor disputes, and failures or outages of the internet, utilities, hosting or cloud providers, or Model Engine vendors. The affected party will use reasonable efforts to mitigate. If a force majeure event continues for more than 30 days, either party may terminate the affected services on notice.

15. Beta Features

Beta, preview, or experimental features are provided "as is." They may change without notice, produce unstable outputs, or be removed at any time. Use of beta features is at your own risk.

15A. AI-Assisted Features

In short: AI suggestions are experimental aids, not engineering advice. Always check them. A licensed engineer must review anything you rely on.

AI-assisted features (including model preparation, diagnostics, and optimization assistance) are experimental, probabilistic aids. Their outputs may be incomplete, inaccurate, or wrong; do not constitute engineering, professional, or regulatory advice; and are not a warranty of correctness. They must be independently reviewed and approved by a qualified, licensed professional engineer before any reliance, and are subject to Sections 9A, 10, 16, and 17.

AI features may transmit portions of your Content to AI sub-processors solely to generate outputs for you. Those sub-processors are contractually bound not to retain your Content or use it to train any model, and are listed in the Privacy Policy. HydroBoa does not use your Content to train its own or any third party's foundation models. AI outputs are advisory only and are not solely-automated decisions producing legal or similarly significant effects.

16. Limitation of Liability

In short: We stand behind the things the law says we must — like injury caused by our negligence. Beyond that, our liability is capped, and we are not responsible for indirect losses or for decisions you make from our outputs.

Nothing in these Terms excludes or limits HydroBoa's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited under the law applicable to you.

Subject to the foregoing, and to the maximum extent permitted by law:

HydroBoa shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, data, goodwill, project delays, regulatory penalties, or environmental, infrastructure, or design-related losses arising from reliance on any Output; and
HydroBoa's total aggregate liability arising out of or relating to the Platform shall not exceed the greater of (i) the total fees you paid to HydroBoa (through Paddle) in the 12 months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars (US$100).

If any part of this Section is held unenforceable, the remainder continues in full force. Consumers may have additional rights under mandatory law that this Section does not affect.

16A. Indemnification

Business users. If you are not a Consumer, then to the maximum extent permitted by law you will defend, indemnify, and hold harmless HydroBoa, its affiliates, and their officers, employees, and agents from and against any third-party claim, and all resulting losses, damages, penalties, costs, and reasonable legal fees, arising out of or relating to: (a) your Content or model inputs; (b) your use of, or reliance on, any Output, engineering judgment, design decision, or regulatory submission; (c) your breach of these Terms, including Section 9A (High-Risk and Prohibited Uses); or (d) any bodily injury, death, or property or environmental harm alleged to result from a model, design, or decision you produced, made, or relied upon.

Consumers. If you are a Consumer, your indemnity is limited to third-party claims arising from your breach of these Terms or your unlawful use of the Platform, and nothing in this Section requires you to indemnify HydroBoa beyond what is fair and lawful under the consumer law applicable to you.

17. Disclaimer of Warranties

THE PLATFORM AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYDROBOA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We make no warranty regarding accuracy, reliability, fitness for any specific engineering purpose, regulatory acceptance, solver convergence, or numerical stability. Model Engines are provided by their respective owners on an "as is" basis. You must independently verify all results.

Nothing in this Section excludes any warranty, guarantee, or remedy that cannot be excluded or limited under the mandatory consumer or other law applicable to you.

18. Termination

HydroBoa may suspend or terminate access if these Terms are violated, fraudulent activity is detected, infrastructure is abused, or termination is required by law.

You may terminate your account at any time. Termination does not relieve you of obligations accrued before termination. Sections that by their nature should survive termination — including Sections 5, 7, 10, 12, 16, 16A, 17, 19, 20, and 22 — survive.

19. Export Controls and Compliance

You agree to comply with all applicable export laws, sanctions, and technical restrictions in your jurisdiction and in the jurisdictions where the Platform operates. HydroBoa may restrict access where legally required.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of Nepal, without regard to conflict-of-law principles.

Informal resolution first. Before starting any formal proceeding, you agree to contact us at legal@hydroboa.com and allow 30 days to resolve the dispute informally.

Forum. Subject to the informal-resolution step and to mandatory law, the courts of Nepal (sitting at Kathmandu) have exclusive jurisdiction over any dispute.

Consumer rights. Nothing in this Section deprives you, if you are a Consumer, of the protection of the mandatory laws of your country of residence, including the right to bring or defend proceedings there where such laws require.

21. Changes to These Terms

HydroBoa may update these Terms from time to time.

For material changes to these Terms, we will give at least 30 days' advance notice by email or in-app notice, stating the effective date. Changes required by law, security, or that only add or improve features may take effect sooner. If you do not agree to a material change, you may terminate your account before it takes effect; continued use after the effective date constitutes acceptance. We maintain a changelog of material revisions.

22. General Provisions

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, or if it cannot be, severed, and the remaining provisions continue in full force.

No waiver. A failure to enforce any provision is not a waiver; waivers are effective only in writing.

Entire agreement. These Terms and the policies they incorporate are the entire agreement between you and HydroBoa regarding the Platform and supersede all prior statements, marketing, or understandings.

Assignment. You may not assign these Terms without our consent. HydroBoa may assign them in connection with a merger, acquisition, financing, or sale of assets.

Notices. Legal notices to HydroBoa must be sent to legal@hydroboa.com. We may give you notice by email or in-app.

Third-party beneficiaries. There are no third-party beneficiaries except that HydroBoa's affiliates and indemnified parties may enforce Sections 16 and 16A.

Data protection. Where HydroBoa processes personal data on your behalf as a processor, that processing is governed by our Data Processing Addendum at https://hydroboa.com/legal/dpa, incorporated into these Terms, which includes the EU Standard Contractual Clauses and the UK Addendum where applicable. The Privacy Policy and DPA control for the processing of personal data.

23. Contact

For legal, compliance, or service-related inquiries:

HydroBoa — Legal Email: legal@hydroboa.com Website: https://hydroboa.com

By using HydroBoa, you acknowledge that you have read, understood, and agreed to these Terms.