REVISION DATE: 2022-04-07 (APRIL 7, 2022)

1. INTRODUCTION.

1.1 BACKGROUND.

Welcome to our Returns and Refund Policy (“Refund Policy”). Our mission is to help our clients succeed in developing and deploying optimal and sustainable technology solutions by providing them with the best model-based systems engineering products and services. As such, Simbus outsources its sales to an ecommerce provider and does not sell directly to its customers.

1.2 LICENSE KEYS.

A right to License, and thereby use, one of our Products is obtained when you purchase a License Key corresponding to the Product that you wish to use. License Keys are purchased through our ecommerce provider’s platform which is accessible through our online store.

If you have purchased (or have otherwise been issued with) a License Key for which no License File has yet been created, then the License Key is referred to as an “Inactive License Key”.

The License commences after Simbus creates a License File using the License Key(s) encoded within a License File Request that you send to Simbus. The License File Request is created by you using the GetMyLicenseFile facility distributed with the Products and whose use is documented here. A License Key is referred to as an “Active License Key” immediately following the creation of the corresponding License File. Simbus will send the License File to you immediately after creating it.

1.3 HOW REFUNDS ARE DETERMINED.

Refunds are determined by:

1. This Refund Policy,

2. The following articles of the License Agreement:

   1. Article 10: “Term and Termination”,

   2. Article 18: “Limited Warranty”,

   3. Article 19: “Our Limitation of Remedies”,

   4. Article 20: “Disclaimer of Warranties”, and

3. Our ecommerce provider’s refund policy.

We request that you read and understand this Refund Policy and the License Agreement in full prior to making your purchase of one or more License Keys for using our Products.

2. CAPITALIZED TERMS AND DEFINITIONS.

Capitalized terms used in this Refund Policy and not otherwise defined in this Refund Policy shall have the definitions ascribed to them in Article 3 of the License Agreement.

3. LANGUAGE; REFERENCES.

U.S. English spellings are used through this Refund Policy. All references to the masculine gender include the feminine and neuter unless otherwise specified and all references to the singular include the plural and vice versa, save where the context otherwise requires.

4. INFORMATION TO HELP YOU MAKE YOUR PURCHASING DECISION.

Comprehensive support information is provided to help you guide your decision to purchase a License Key. We encourage you to read our product pages:

https://simbus.com/products/

and our support pages:

https://simbus.com/support/

to help you determine if you can benefit from a License to use our Products.

Our support pages provide:

1. Information on how to get a License File,

2. A list of frequently asked questions (with answers),

3. A knowledge base of known issues and shortcomings,

4. Documentation for getting started with the Products, and

5. An in-depth user guide.

You may also request a free trial of the Products for purchase evaluation purposes here:

https://simbus.com/trial_request/ .

5. REFUND REQUESTS.

5.1 INACTIVE LICENSE KEYS.

You may request a refund for the purchase of an Inactive License Key if the request is made within 14 days of its purchase date.

Simbus cannot provide refunds of Inactive License Keys after 14 days following its purchase date.

5.2 REFUND REQUEST PROCEDURE.

Refund requests for Inactive License Key must:

1. Be made within fourteen (14) days of the License Key purchase date;

2. Be sent to our Customer Service Team using the following email address:

service@simbus.com.

Your request may be delayed and any refund may be denied if you send your request to any other Simbus email address;

3. Contain the following information:

   1. The purchase reference identifier;

   2. The purchased License Key;

   3. The reason why you are applying for the refund.

Upon sending a refund request, please allow our Customer Service Team up to three (3) business days to get back to you by email. Please be ready to provide our Customer Service Team with additional information and to follow all the recommendations. If a refund is approved, it may take us up to seven (7) business days to process it.

6. REFUNDS FOR ACTIVE LICENSE KEYS.

6.1 TERMINATION OF LICENSE BY LICENSEE.

Subject to the provisions of Article 10, you are not be entitled to any refund of an Active License Key if the License is terminated by Licensee.

6.1 TERMINATION OF LICENSE BY SIMBUS

Subject to the provisions of Articles 10, 18, 19, and 20 of the License Agreement, Simbus may terminate the License and offer a refund for the initial License fee paid to Simbus for the License (through purchase of the License Key) if the corresponding Product does not behave as warranted and a correction or workaround is impractical.

7. REFUNDS PROVIDED BY OUR ECOMMERCE PROVIDER.

Our ecommerce provider may provide a refund to you if:

1. It suspects that purchases have been made fraudulently,

2. You contact the ecommerce provider to inform them of suspected fraudulent activity regarding a License Key purchase.

8. INELIGIBLE REFUND REQUESTS.

Refunds are ineligible if the provisions of Article 18 (“Limited Warranty”) of the License Agreement have been violated. Refunds are also ineligible if:

1. You refuse to follow the instructions of the Customer Service Team or you do not provide the requested assistance to the Customer Service Team;

2. The Product corresponding to the purchased License Key is installed on an unsupported computer / operating system;

3. You reported an issue as a reason for a refund for which there is a correction or a workaround;

4. You reported an issue as a reason for a refund that is documented on the Simbus website;

5. You reported an issue as a reason for a refund that was addressed in a newer version of the Product;

6. You reported an issue as a reason for a refund that is caused by your system or network settings or by a third-party application or device;

7. You purchased the License Key on the assumption that the corresponding Product does something that it is not intended to do;

8. You reported an issue as a reason for a refund that could have been discovered with a free trial as a reason for a refund;

9. You did not read the License Agreement.

9. RETURN OF PRODUCTS.

Subject to Article 10 of the License Agreement, upon termination for any reason, Licensee shall promptly uninstall and return all but archival copies of the Products in Licensee’s possession or control, or promptly provide written certification of their destruction.