Website Terms of Service

Version: 2026-06-05

These Website Terms of Service (the "Terms") are a legal agreement between you ("You" or "User") and Practical Simulation Solutions LLC, a Utah limited liability company ("PracSim"). The Terms govern Your access to and use of the PracSim website at https://www.pracsimsolutions.com (the "Website"), the PracSim customer portal, and any online services PracSim makes available through them (collectively, the "Services").

By accessing the Website, creating an account, or otherwise using the Services, You agree to these Terms. If You do not agree, You may not use the Services.

1. Scope and Relationship to Other Agreements

These Terms govern the Services. They do NOT govern:

Installed software (the PracSim Module Family). Use of any installed PracSim FlexSim module (the family of modules PracSim publishes for the FlexSim Platform, listed at /products) is governed by the End User License Agreement available at /eula (the "EULA"). The EULA is a separate agreement and is not incorporated into these Terms.
Personal data handling. Our collection, use, sharing, and protection of personal data is described in the Privacy Policy available at /privacy (the "Privacy Policy"). The Privacy Policy is referenced here for clarity but is a separate document.

Where these Terms refer to "Software", they refer to the installed software governed by the EULA. Where they refer to "Services", they refer to online services governed by these Terms.

2. Eligibility and Accounts

2.1 Eligibility

The Services are intended for business users. You represent that You are at least 18 years of age (or the age of majority in Your jurisdiction, if higher) and that You are using the Services on Your own behalf or on behalf of an organization You are authorized to bind.

2.2 Account Creation

To access most parts of the customer portal, You will create an account by providing an email address and password. You may optionally enable multi-factor authentication. You are responsible for:

(a) the accuracy of the information You provide;
(b) maintaining the confidentiality of Your password and any other authentication credentials;
(c) all activity that occurs under Your account; and
(d) promptly notifying PracSim at of any unauthorized use of Your account or other suspected breach of security.

2.3 Organization Accounts

If You create an account on behalf of an organization, You represent and warrant that You have authority to bind that organization to these Terms. The organization and You are jointly and severally responsible for compliance with these Terms.

2.4 Account Roles

The Services support multiple account roles within an organization (owner, member, viewer, billing administrator, sales administrator, engineer, subcontractor, and others as PracSim may add from time to time). Owners and billing administrators may take account-level actions, including changing payment methods, removing members, and terminating the organization's account, that affect all members.

3. Acceptable Use

You shall not, and shall not permit any other person to:

(a) use the Services for any unlawful purpose or in any manner that violates applicable law, regulation, or third-party right;
(b) interfere with or disrupt the Services, the servers or networks providing the Services, or any other user's use of the Services;
(c) attempt to gain unauthorized access to any portion of the Services, other accounts, or the underlying infrastructure;
(d) probe, scan, or test the vulnerability of the Services without PracSim's prior written consent (responsible disclosure is welcome at );
(e) use the Services to send spam, phishing messages, malware, or other unsolicited or malicious content;
(f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
(g) use any automated system (including any robot, spider, scraper, or other tool) to access the Services in a manner that sends more requests in a given period than a human can reasonably produce in the same period through normal use, except as authorized by PracSim in writing;
(h) impersonate any person or entity, or misrepresent Your affiliation with any person or entity;
(i) resell, sublicense, lease, or otherwise commercially exploit access to the Services, except to the extent expressly permitted in a separate written agreement with PracSim; or
(j) circumvent any technical limitation, license enforcement mechanism, or rate limit implemented in the Services.

PracSim may suspend or terminate Your account for any violation of this Section 3 in accordance with Section 10.

4. Purchases, Billing, and Refunds

4.1 One-Time Purchases; No Auto-Renewal

All purchases through the Services are one-time charges. PracSim does not offer subscription billing or automatic renewal for any product. If You purchase a time-limited license (for example, an Annual License), continued access after expiry requires an explicit new purchase.

4.2 Pricing and Taxes

Prices are listed in the Services and are stated in U.S. dollars unless otherwise noted. PracSim may change pricing for future purchases at any time. PracSim, through its payment processor, calculates and remits applicable sales tax and value-added tax based on Your billing address.

4.3 Payment Processing

Payment is processed by Stripe, Inc. ("Stripe"). Card details are handled entirely by Stripe and do not pass through PracSim's systems. By making a purchase, You also accept Stripe's terms applicable to that payment. The Privacy Policy describes Stripe's role at Section 5 ("Who We Share Your Data With").

4.4 Refunds

Purchases are refundable in PracSim's reasonable discretion for a period of fourteen (14) days after purchase, provided that:

(a) the product has not been activated against a machine (for licenses), or
(b) the service has not been substantially performed (for design hours, engagements, or other services).

Refund requests should be sent to . Refunds are issued to the original payment method. PracSim is not obligated to issue refunds outside the foregoing window, but may do so on a case-by-case basis.

4.5 Disputes and Chargebacks

Disputed charges should first be raised with PracSim at before initiating a chargeback. PracSim may suspend Your account if a chargeback is initiated and may take reasonable steps to recover associated fees.

5. License Activation Services

The Services include an activation interface that interacts with PracSim's licensing runtime (PracSim License Manager, distributed with the EULA's Software) to issue, verify, and return machine-bound licenses. The Services do not themselves include a grant of license to any Software; license grants are made under the EULA.

5.1 License Transparency

Through the customer portal, account owners and license recipients may view information about their licenses, including machine bindings, fingerprints, OS information, and expiry.

5.2 License Reassignment

The portal allows authorized administrators to reassign licenses among members of their organization. License reassignment requires the prior holder to release the activated machine via the customer portal, via the in-FlexSim license management interface, or, where neither is available, via PracSim support.

6. Customer Content

6.1 Definition

"Customer Content" means files, descriptions, comments, deliverables, screenshots, support messages, and other content You upload to or generate through the Services (excluding personal data covered by the Privacy Policy).

6.2 Ownership

You retain all right, title, and interest in and to Your Customer Content. PracSim does not claim ownership of Customer Content.

6.3 License to PracSim

You grant PracSim a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, display, and process Customer Content solely as necessary to provide the Services to You and to comply with Your instructions. This license terminates when You delete the Customer Content or when Your account is terminated, except to the extent PracSim must retain copies to comply with legal obligations (see Privacy Policy Section 7 on retention).

6.4 Feedback

If You submit suggestions, ideas, feature requests, or other feedback about the Services, You grant PracSim a perpetual, irrevocable, royalty-free, worldwide license to use the feedback for any purpose without obligation to You.

7. Service Availability, Modifications, and Updates

7.1 Availability

PracSim provides the Services on a commercially reasonable best-efforts basis. The Services may be unavailable from time to time due to scheduled maintenance, infrastructure failures, third-party outages, or other causes. PracSim does not guarantee any specific level of uptime or availability and does not offer a service-level agreement under these Terms. SLAs may be available under separate written agreement.

7.2 Modifications

PracSim may modify, suspend, or discontinue any part of the Services at any time. Where a modification materially adversely affects a paid feature, PracSim will use commercially reasonable efforts to notify affected account owners by email in advance.

7.3 Beta Features

PracSim may make beta, preview, or experimental features available through the Services. Beta features are provided "AS IS" without warranty of any kind and may change or be discontinued at any time. Section 8 (Disclaimers) and Section 9 (Limitation of Liability) apply with full force to beta features.

7.4 Updates to These Terms

PracSim may revise these Terms from time to time. Material changes will be announced by email to account owners or by an in-portal notice. The current version of these Terms is identified by the version date at the top of this document and is published at https://www.pracsimsolutions.com/terms. Continued use of the Services after the effective date of a revision constitutes acceptance of the revised Terms.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRACSIM DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

PRACSIM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DISCLAIMER APPLIES NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You to the extent prohibited by applicable law.

You acknowledge and agree that PracSim has set its prices and made the Services available in reliance on the disclaimers of warranty and the limitations of liability set forth in these Terms, that the same reflect an allocation of risk between the Parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between You and PracSim.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRACSIM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR SAVINGS, LOST BUSINESS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE OR MONEY, LOSS OF OPPORTUNITY, INJURY TO PERSON OR PROPERTY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (WHETHER OR NOT ALSO CONSTITUTING ONE OF THE FOREGOING SPECIFIC TYPES OF LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LEGAL LIABILITY, AND WHETHER OR NOT PRACSIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Liability cap. EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 AND YOUR BREACH OF SECTION 3 (ACCEPTABLE USE) OR SECTION 6 (CUSTOMER CONTENT), PRACSIM'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, ACROSS ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND, AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PRACSIM FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST SUCH CLAIM. SUBSEQUENT CLAIMS DO NOT RESET OR EXTEND THIS CAP. WHERE NO AMOUNTS HAVE BEEN PAID FOR THE SERVICES, PRACSIM'S AGGREGATE LIABILITY SHALL BE ZERO.

SHORTENED LIMITATION PERIOD. ANY CLAIM FOR DAMAGES UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE YOU BECAME AWARE OR REASONABLY SHOULD HAVE BECOME AWARE OF THE EVENT GIVING RISE TO THE CLAIM, AND IN NO EVENT LATER THAN TWO (2) YEARS FROM THE EVENT ITSELF. THIS SHORTENED LIMITATION PERIOD IS A MATERIAL TERM OF THESE TERMS, IS A CONDITION OF THE PRICES SET FOR THE SERVICES, APPLIES NOTWITHSTANDING ANY LONGER STATUTORY LIMITATION PERIOD UNDER UTAH LAW OR ANY OTHER LAW (EXCEPT TO THE EXTENT SUCH LONGER PERIOD CANNOT BE WAIVED BY CONTRACT), AND IS DRAWN TO YOUR ATTENTION BY THE FOREGOING CAPITALIZED, BOLDFACE, AND HEADED FORMAT.

Essential purpose. The limitations in this Section apply notwithstanding the failure of any limited remedy of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations and exclusions may not apply to You to the extent prohibited by applicable law.

10. Termination

10.1 Termination by You

You may terminate Your account at any time by following the account-deletion flow in the customer portal or by contacting . Account deletion is subject to a 30-day grace period for accidental requests and to legal-hold retention as described in the Privacy Policy.

10.2 Termination by PracSim

PracSim may suspend or terminate Your access to all or any part of the Services at any time, with or without notice, for any reason, including (without limitation) violation of these Terms, suspected fraud, or non-payment.

10.3 Effect of Termination

Upon termination:

(a) Your right to access the Services ends immediately;
(b) PracSim may delete Customer Content associated with Your account, subject to the Privacy Policy's retention obligations;
(c) any licenses You hold under the EULA continue to be governed by the EULA, which has its own termination provisions; and
(d) Sections of these Terms that by their nature should survive termination (including Sections 1, 3, 4 (with respect to amounts owed for Services rendered prior to termination), 6, 8, 9, 10.3, 11, and 12) survive.

11. Indemnification

You shall indemnify, defend, and hold PracSim, its partners, affiliates, contractors, officers, directors, employees, and agents (each an "Indemnified Party") harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising directly or indirectly from:

(a) Your breach of these Terms;
(b) Your violation of any applicable law or third-party right;
(c) Your Customer Content;
(d) Your use of the Services in a manner not authorized by these Terms; or
(e) any claim, demand, action, or proceeding asserted by any third party arising out of or relating to Your use of the Services or any deliverable, data export, or analysis You produced through the Services.

Indemnification procedure. PracSim's right to indemnification under this Section 11 is subject to PracSim (a) providing You with prompt written notice of any claim for which indemnification is sought (provided that any delay in such notice shall not relieve You of Your indemnification obligations except to the extent You are materially prejudiced by the delay), (b) giving You sole control over the defense and any settlement of the claim, provided that You shall not enter into any settlement that imposes any non-monetary liability or obligation on any Indemnified Party, makes any admission of fault by any Indemnified Party, or fails to include a full release of all Indemnified Parties from the claim, without PracSim's prior written consent (not to be unreasonably withheld), and (c) providing You, at Your expense, with reasonable cooperation in the defense. Any Indemnified Party may participate in the defense at its own expense with counsel of its choice.

12. Miscellaneous

12.1 Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Pre-litigation Executive Discussions. Before commencing any action or proceeding under these Terms, the complaining Party shall send the other Party a written notice describing the dispute in reasonable detail, and the Parties shall attempt in good faith to resolve the dispute through direct discussions between senior representatives of each Party for a period of thirty (30) days from the date of such notice. These discussions are informal and bilateral; no Party is obligated to engage a third-party mediator or incur any external dispute-resolution fees. If the Parties cannot resolve the dispute within that period, the complaining Party may then proceed under the Forum provision below. This paragraph does not apply to claims for injunctive or other equitable relief.

Forum. The Parties consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, for any dispute, controversy, or claim arising out of or relating to these Terms, the breach, termination, or validity hereof.

Equitable relief. Notwithstanding the foregoing, PracSim may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or the integrity of the Services.

12.2 Entire Agreement

These Terms constitute the entire agreement between You and PracSim with respect to the Services and supersede all prior or contemporaneous agreements, proposals, or representations on the same subject matter. The Privacy Policy and, for installed Software, the EULA each apply to their respective subject matter on their own terms as separate agreements and are not incorporated into these Terms by reference.

12.3 Severability

If any provision of these Terms is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

12.4 Waiver

No waiver by PracSim of any provision of these Terms shall be effective unless in writing. The failure of PracSim to enforce any provision shall not be a waiver of that provision.

12.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without PracSim's prior written consent. PracSim may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without Your consent.

12.6 Force Majeure

Neither Party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, fire, flood, earthquake, pandemic, epidemic, governmental action, labor disruption, or failure of the internet or public utility infrastructure.

12.7 Notices

Notices to PracSim under these Terms shall be sent by email to and are effective on the date of transmission, provided no bounce or non-delivery message is received within twenty-four (24) hours. PracSim's registered agent for service of legal process is on file with the Utah Division of Corporations and Commercial Code and is identified in the public business entity search at secure.utah.gov/bes. Notices to You shall be sent to the email address on file in Your account.

12.8 No Third-Party Beneficiaries; No Third-Party Reliance on Service Outputs

These Terms are for the sole benefit of You and PracSim and their permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. Without limiting the foregoing, no data export, report, calculation, dashboard view, deliverable, or other artifact You produce through the Services is intended to be relied upon by any third party, and no third party shall acquire any right, claim, cause of action, or benefit against PracSim by virtue of any such reliance, regardless of whether You have communicated the artifact or any derivative work product to that third party.

12.9 Headings

Section headings are for convenience only and do not affect interpretation.

By accessing the Website, creating an account, or otherwise using the Services, You acknowledge that You have read these Terms, understand them, and agree to be bound by them.