Terms of Service for SimVSM

1. Introduction

These Terms of Service (“Terms”) govern your use of the SimVSM software and services (“SimVSM”). By accessing or using SimVSM, you agree to these Terms. If you do not agree to these Terms, you may not use SimVSM.

2. Definitions

• SimVSM: Refers to the SimVSM software and all associated services, content, and applications.
• User: Any individual or legal entity that uses SimVSM.
• Licensor: The company that offers and operates SimVSM.
• Subscription:
• Content: All information, data, text, software, music, sounds, photographs, graphics, videos, messages, or other materials made available through SimVSM.

3. Use of SimVSM

3.1. License

The Licensor grants the User a non-exclusive, non-transferable, revocable license to use SimVSM in accordance with these Terms.

3.2. Usage Restrictions

The User shall not misuse SimVSM, including but not limited to:

• Unauthorized access or use of the Licensor’s systems.
• Modification, decompilation, or reverse engineering of the software.
• Use of SimVSM for illegal activities.
• Disruption or interruption of the integrity or performance of SimVSM and related data.
• Attempting to probe, scan, or test the vulnerability of SimVSM.

4. Fees and Payment

4.1. Paid Usage

SimVSM is generally fee-based. The User agrees to pay all applicable fees according to the terms in effect at the time of purchase.

4.2. Subscription

The User can purchase a Subscription for SimVSM, which includes a time-limited license to use extended functionalities of SimVSM. The terms and fees for the Subscription are established at the time of purchase.

4.3. Payment Terms

All fees are payable in advance and are non-refundable unless otherwise stated. The Licensor reserves the right to change the fees for SimVSM at any time. Fee changes will take effect upon posting on the SimVSM website.

4.4. Refunds

Fees are non-refundable unless otherwise stated.

5. Privacy

The use of SimVSM is subject to the Licensor’s privacy policy, available at https://www.simvsm.de/en/data-protection/. This privacy policy describes how your personal data is collected, used, and protected.

6. Disclaimer of Warranties

SimVSM is provided “as is” without any warranty. The Licensor disclaims all liability for direct, indirect, incidental, or consequential damages resulting from the use or inability to use SimVSM. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.

6.1. No Warranty

The Licensor does not warrant that:

• SimVSM will meet your requirements.
• SimVSM will be uninterrupted, secure, or error-free.
• The results obtained from the use of SimVSM will be accurate or reliable.
• Any errors in the software will be corrected.

7. Changes to the Terms

The Licensor reserves the right to modify these Terms at any time. Changes will be posted on the SimVSM website. Continued use of SimVSM after such changes constitutes acceptance of the new Terms.

7.1. Notification of Changes

The Licensor will make reasonable efforts to inform the User of significant changes to the Terms by posting a notice on the website or sending a notification via email.

8. Termination

8.1. Termination by User

The User may discontinue the use of SimVSM at any time.

8.2. Termination by Licensor

The Licensor may terminate the use of SimVSM at any time without notice and without liability if the User violates these Terms. In the case of a Subscription, the license will automatically end upon expiration of the agreed term unless renewed.

8.3. Effect of Termination

Upon termination of these Terms, all rights granted to the User will cease, and the User must immediately stop using SimVSM.

9. Support

Support is offered through our support channels. Details regarding support levels, response times, and availability are governed by the Service Level Agreement (SLA) provided to the User. Inquiries about subscriptions, modeling, or related topics can be made via our website https://www.SimVSM.de or by email simvsm@simplan.de. We typically respond within 3 business days.

10. Limitation of Liability

To the extent not prohibited by law, in no event shall SimPlan be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if SimPlan has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless SimPlan, its affiliates, employees, agents, partners, representatives, and licensors from and against all losses, expenses, damages, and costs, due to, arising out of, or relating in any way to (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your access to or use of the Application, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by Us. We may assume the defense and control of any matter for which we are indemnified hereunder. You shall not settle any matter involving Us without our consent.

12. Intellectual Property

12.1. Ownership of Content

All contents included in the App, in particular software components, texts, layouts, designs, and data structures, are protected by copyright and are the property of SimPlan or have been licensed from third parties.

12.2. Use of Icons from SIEBEN GmbH

This App uses graphical elements and building block symbols whose copyrights are held by SIEBEN GmbH (“SIEBEN”). SimPlan uses these symbols under a valid licensing agreement with SIEBEN. The User is granted a simple, non-transferable right to use the symbols included in the App within the scope of its intended functionality. This expressly includes creating, exporting, sharing, and publishing value stream diagrams or other analyses containing these symbols. However, the independent use, extraction, reproduction, or distribution of these symbols outside the content created or exported via the App (for example, copying the icon graphics for use in other software products or layouts) is not permitted.

12.3. User Rights

Users may freely share, publish, or commercially use value stream diagrams or exports created with the App, as long as such use is related to the App or its generated content. Misuse of the underlying symbol library remains prohibited.

12.4. Third-Party Rights

If the User becomes aware that contents of the App may infringe third-party rights, the User shall promptly notify SimPlan to enable clarification.

13. AI-Based Features and Image Analysis

13.1. Purpose of the Feature

The App enables Users to upload images to automatically detect and analyze value stream models contained in such images.

13.2. Processing of Images

Uploaded images are used solely for performing the analysis. During this process, certain cropped sections of the images may be transmitted to the external service provider OpenAI, L.L.C. (USA). OpenAI processes these image sections using AI models to perform text recognition (Optical Character Recognition, OCR) and semantic analysis. Transmission occurs based on the EU Standard Contractual Clauses (Art. 46 GDPR). OpenAI operates data centers worldwide, so processing may also take place outside the European Union. After completion of the analysis, the data transmitted to OpenAI will be deleted or anonymized, as far as technically possible. SimPlan stores the original images only as long as required for the analysis.

13.3. Rights to the Images

The User remains the owner of all rights to the uploaded images. By uploading, the User grants SimPlan a simple, non-transferable right to use the images solely for the purpose of performing the analysis (including OCR processing via OpenAI).

13.4. User Responsibility

The User is responsible for ensuring that uploaded contents do not infringe third-party rights and do not contain any unlawful material.

13.5. Prohibited Content

Uploading content that is offensive, discriminatory, pornographic, glorifies violence, or is otherwise unlawful is strictly prohibited.

13.6. Disclaimer

SimPlan assumes no liability for the accuracy or completeness of analysis results generated by automated procedures (including those provided by OpenAI). Use of this feature is at the User’s own risk. SimPlan shall only be liable for damages resulting from intent or gross negligence, including but not limited to data loss, misinterpretations, or incorrect analyses.

13.7. Data Protection

Information on the processing of personal data—particularly regarding data transfers to third countries as part of the image analysis—can be found in our Privacy Policy available at https://www.simvsm.de/app-privacy/.

The content, any materials downloaded, and all intellectual property pertaining to or contained on the Application (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties who have granted us the rights to use them. All rights, title, and interest in these remain the property of SimPlan and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws.

14. Your Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Governing Law

These Terms are governed by the laws of the country where the Licensor is headquartered. The exclusive jurisdiction for all disputes arising out of or in connection with these Terms is Hanau in Germany.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a provision that most closely matches the intent of the original provision.

17. Entire Agreement

These Terms constitute the entire agreement between the User and the Licensor regarding the use of SimVSM and supersede all prior agreements or understandings, whether written or oral.

18. Contact

You may contact us at the following address: SimPlan AG, Germany, Hanau, Sophie-Scholl-Platz 6, simvsm@simplan.de

Effective Date: 1.1.2026