Terms and Conditions of Sale

Design Simulation Technologies, Inc.

1. Acceptance of Terms

By purchasing software, subscriptions, web-application licenses, or related services (together, “Products”) from Design Simulation Technologies, Inc. (“DST,” “we,” “us,” or “our”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions of Sale (“Terms of Sale”). If you do not agree to these Terms of Sale, do not purchase our Products.

2. Which Documents Govern Your Use

These Terms of Sale govern the purchase transaction. Your use of a Product is governed by the document that applies to its platform:

• Desktop products (including SimWise, and the desktop versions of Working Model 2D and Interactive Physics): the DST End User License Agreement (“EULA”), which you must accept before installation. The current EULA is available for review before purchase at design-simulation.com/corporate/eula.php.
• Web products (the web versions of Interactive Physics and Working Model 2D): the DST Terms of Service (“TOS”), available at design-simulation.com/Corporate/terms.php.

We encourage you to review the applicable EULA or TOS before you purchase. Personal information collected when you purchase is handled under our Privacy Policy at design-simulation.com/Corporate/privacy.php.

3. Purchases and Payment

Payment Methods. We accept payment by credit card, debit card, and other payment methods displayed at the time of purchase or stated on your quote or invoice. All payments must be made in the currency specified at checkout or on the invoice. Online card payments are processed by our third-party payment processor. For phone or fax orders, DST staff enter the card details for processing and destroy them immediately afterwards; DST does not retain card numbers.

Pricing. Prices are those displayed on our website or stated on your quote at the time of purchase. We may change prices at any time without prior notice. Price changes do not affect orders already placed or a subscription term already paid for; renewals are charged at the then-current rate.

Taxes. Prices do not include applicable taxes unless otherwise stated. You are responsible for any applicable sales tax, use tax, value-added tax (VAT), or similar taxes required by law.

4. All Sales Final

All sales are final. Because download links and web access are delivered immediately on purchase, and license keys are issued on activation after installation, we do not offer refunds, exchanges, or cancellations once an order has been completed. The EULA and TOS are published online so that you can review the license terms before you buy, and we encourage you to review product specifications, system requirements, and any available trial or evaluation versions before purchasing.

The only exception is for web products: if DST stops providing a web product, the TOS provides a pro-rata refund of the unused part of a prepaid term. Physical items (such as license dongles) that arrive damaged or defective are handled under Section 7 (Delivery), not as a refund.

5. Subscription Terms

Subscription Period. Subscriptions to desktop products and licenses for web products are for the term stated on your order or invoice, normally one (1) year from the start date (“Term”), regardless of the payment frequency selected (monthly, quarterly, semi-annually, or annually).

Payment Frequency. If you pay in installments more frequently than once per Term, this does not change the Term. You remain obligated to complete all payments for the full Term.

Automatic Renewal. Unless you cancel before the end of the current Term, your subscription renews automatically for an additional Term of the same length at the then-current rate.

Cancellation. You may cancel at any time by contacting us at info@design-simulation.com or through your account where available. Cancellation takes effect at the end of the current Term; you keep access until then. No partial refunds are provided for any unused portion of a Term.

End of Term. When a subscription or license Term ends without renewal, your right to use the Product ends as described in the EULA (desktop) or TOS (web).

6. License Grant

The license grant and terms of use for desktop products are governed by the EULA, which you must accept at installation. For web products, they are governed by the TOS. Purchase of a Product does not by itself grant a license; the license is granted when you accept the applicable EULA or TOS.

7. Delivery

DST delivers Products in one of three ways, depending on the Product:

• Electronic delivery (desktop products). A download link is sent to the email address provided at the time of purchase, typically immediately on payment confirmation but in some cases up to one (1) business day later. You are responsible for providing an accurate email address. Electronic delivery is complete when the download email is sent. License keys are not sent at purchase; a license key is issued when you activate the Software after installation is complete.
• Web access (web products). Access is enabled for the account(s) or seats named on your order. Delivery is complete when access is enabled and you have been notified.
• Physical shipment (dongle-licensed products). Some Products are licensed through a hardware key (“dongle”) that we ship to the address on your order. Shipping charges, if any, are shown at checkout or on your invoice. Title to the dongle and risk of loss pass to you when DST delivers it to the carrier. Estimated delivery dates are not guaranteed. You must inspect the shipment on arrival and tell us within ten (10) business days of delivery if the dongle is missing, damaged, or does not work; we will replace it at no charge. After that period, or for a dongle that is lost, stolen, or damaged after delivery, replacement is at DST’s discretion and at DST’s then-current replacement fee, and may require return of the original dongle or a signed statement of loss. Customers outside the United States are responsible for any import duties, customs fees, and taxes.

8. Technical Support

Scope of Support. Technical support is provided solely to determine whether specific functionality of the Product is working as documented in the official product specifications. Technical support includes:

• Verification of proper installation
• Confirmation of feature functionality as specified
• Assistance with error messages directly related to Product malfunction
• Direction to relevant documentation

Exclusions from Technical Support. Technical support explicitly does NOT include:

• Consulting services of any kind
• Custom configuration assistance
• Integration with third-party software or systems
• Training on how to use the Product
• Advice on best practices or implementation strategies
• Troubleshooting issues unrelated to our Products
• Support for unsupported or outdated versions

Determination of Support Type. DST, in its sole and absolute discretion, will determine whether a support request qualifies as technical support or constitutes consulting services. Consulting services, if available, may be offered separately for an additional fee.

Support Availability. Technical support is provided by email to customers who are covered by an Enhancement and Support (E&S) agreement, an active desktop subscription, or an active web-product license. Support requests should be sent to support@design-simulation.com.

These support terms apply to all DST Products. The EULA and TOS refer to this section.

9. Warranty

Any warranty for a Product is set out only in the document that governs its use: the EULA for desktop products, and the TOS for web products. These Terms of Sale add no warranty.

10. Limitation of Liability

To the extent permitted by law, DST’s total liability for all claims arising out of or relating to any purchase under these Terms of Sale, whether in contract, tort (including negligence) or otherwise, shall not exceed the fees you paid to DST for the Product concerned (for subscriptions and web licenses, the fees paid for the Term concerned). DST is not liable for any indirect, incidental, special, or consequential damages, lost profits, or lost data. Claims about the use of a Product are subject to the limitations in the EULA or TOS, as applicable.

11. Order of Precedence

If DST documents conflict, the following order applies, highest first:

1. A DST Software License Agreement signed by both parties (“Master License”);

2. Your DST quote, order, or invoice, to the extent it states products, quantities, prices, Term, or payment terms;

3. The EULA (desktop products) or the TOS (web products);

4. These Terms of Sale;

5. The Privacy Policy, which governs the handling of personal information.

Terms on any purchase order or other document issued by you do not apply unless they are in a Master License or agreed to in writing by DST.

12. Changes to These Terms

We may update these Terms of Sale. We will post the updated version on this page with its “Last updated” date. Updates apply to orders placed after they are posted. If we make a material change that affects active subscriptions, we will notify affected customers by email at least thirty (30) days before it takes effect, and the change will apply from your next renewal; it will not affect a Term you have already paid for or an order already placed.

13. Governing Law and Venue

These Terms of Sale are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-law provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising under these Terms of Sale is subject to the exclusive jurisdiction of the state and federal courts located in Michigan, and you consent to their personal jurisdiction.

14. Contact Information

Design Simulation Technologies, Inc. 43311 Joy Road, #237, Canton, MI 48187, USA

• Technical support: support@design-simulation.com
• Orders, billing, cancellations, and general questions (including these Terms of Sale): info@design-simulation.com
• Phone: +1-734-446-6935 · Toll free: 800-766-6615

BY PURCHASING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SALE.

Last updated: October 2026

© 2005–2026 Design Simulation Technologies, Inc. All rights reserved. SimWise is a trademark of Design Simulation Technologies, Inc. Dynamic Designer, Interactive Physics and Working Model 2D are either trademarks or registered trademarks of The MSC.Software Corporation in the United States and/or other countries. All other trademarks are the property of their respective owners.