SimVS Care Service Terms

SimVS Care is an optional service plan provided directly by Hudson Simulation Services, LLC, doing business as SimVS. SimVS is the provider and obligor for the Care services in these terms.

Care is separate from your purchased SimVS system. Care is not required to continue using purchased software or on-tablet features, and ending Care does not disable them. SimVS provides generally released software updates and standard email support for as long as you own a supported SimVS system. Availability may depend on compatible hardware, operating systems, networks, and third-party services.

A supported SimVS system is a system for which SimVS continues to make compatible software and standard support available. If SimVS designates a system or hardware generation as ending support, SimVS will provide reasonable advance notice and explain the available migration or continued-use options.

Care covers the SimVS system identified on the applicable quote or invoice, including the SimVS-supplied tablets listed for that system. A covered tablet is a SimVS-supplied tablet that is listed with the covered system or later added to it in SimVS's records.

These terms apply whether Care is purchased directly from SimVS or through an authorized distribution partner. SimVS remains responsible for providing the Care services. A distributor may process ordering, invoicing, or payment without becoming the Care service provider.

While Care is active, the covered system receives:

1. Accidental-damage protection with Advance Replacement. Covered tablets that stop functioning because of an eligible handling accident may be replaced before the damaged unit is returned, subject to Section 5.
2. Continuing hardware-defect coverage. SimVS will diagnose and, at its option, repair or replace confirmed functional hardware defects, including after the standard one-year product warranty ends, subject to Section 6.
3. Priority support. Phone, email, and Zoom support with the response commitment in Section 4.
4. Live onboarding. One instructor-led faculty onboarding session for each newly delivered covered system.
5. SimVS Portal features included with Care. Access to the web-based features SimVS designates as included with Care, subject to Section 8.
6. Annual sim-lab check-up. One scheduled session per coverage year to review usage, update devices, and help train new faculty.
7. Selected early-access opportunities. Where offered, Care customers may receive earlier access to selected emulations or SimVS Portal features, subject to compatibility, availability, and any beta terms.

A coverage year is each successive 12-month period beginning on the Care coverage start date or an anniversary of that date. Benefits and limits described as annual reset at the beginning of each coverage year, including during prepaid multi-year coverage.

• Channels: phone, email, and Zoom.
• Hours: Monday through Friday, 9:00 AM to 5:00 PM Eastern, excluding US federal holidays.
• Response commitment: SimVS responds to each Care support request within one business day. A response means a qualified person has engaged with the issue; it is not a guarantee that every issue will be resolved within one business day.

Complex issues may take longer to resolve. SimVS will keep the customer informed about material progress and next steps. Customers without active Care retain standard email support for supported SimVS systems, without a stated response time.

Covered accidental damage

Care covers accidental handling damage that prevents a covered tablet from functioning, such as a drop, spill, or cracked screen. Claims use a straightforward, no-fault process with no deductible. SimVS will not deny an otherwise covered accident because of an ordinary handling mistake.

SimVS may request information reasonably needed to confirm that the tablet and event are covered, arrange replacement, or investigate suspected fraud or abuse.

Claim and shipment process

1. Contact Care support and describe the tablet and event.
2. SimVS acknowledges the claim within one business day. If information needed to confirm coverage is missing, SimVS will identify it promptly.
3. Once the claim is complete, SimVS approves or denies it within one business day.
4. For an approved claim delivered to a US or Canadian address, SimVS tenders a configured replacement to the carrier within one business day, subject to carrier cutoff times, holidays, force majeure, and replacement availability disclosed when the claim is approved. Shipping elsewhere is arranged case by case with timing communicated in advance.
5. Replacement tablets may be new, refurbished, or functionally equivalent or better. A replacement will be compatible with and configured for the covered system.
6. Return the damaged tablet in the provided packaging within 30 days after receiving the replacement. SimVS pays standard shipping both ways for US and Canadian addresses.

If the damaged unit is not returned within 30 days, SimVS may invoice the customer at its then-current standard tablet replacement price. Returning the unit before that invoice is paid cancels the invoice unless SimVS has incurred an unrecoverable cost.

System-level annual replacement pool

At the start of each coverage year, the covered system receives an accidental-damage replacement allowance equal to the number of covered tablets listed for that system. Each approved accidental-damage replacement uses one allowance, regardless of which tablet is damaged. If one incident damages multiple tablets, each replacement uses one allowance.

A replacement tablet takes the returned tablet's place under Care and does not increase the pool. A newly purchased covered tablet adds one allowance for the remainder of that coverage year. Removing a tablet does not restore an allowance already used. Confirmed hardware defects under Section 6 do not use this pool. Unused allowances do not carry forward.

If the pool is exhausted, SimVS will offer additional accidental-damage replacements at a reduced, quote-based rate rather than denying assistance entirely.

Accidental-damage exclusions

Accidental-damage protection does not cover:

• Loss or theft.
• Intentional damage, fraud, or damage inflicted to obtain replacement hardware.
• Cosmetic damage that does not impair function.
• Gradual battery decline, worn charging ports, and other ordinary wear, except when SimVS confirms a premature functional failure under Section 6.
• Unsupported repair, modification, or use outside normal instructional settings.
• Devices not supplied by SimVS or non-tablet accessories.
• Damage occurring before coverage begins or during a lapse in coverage.

While Care is active, SimVS will diagnose and, at its option, repair or replace a covered SimVS-supplied tablet that experiences a confirmed functional hardware defect under normal instructional use. This coverage continues after the standard one-year product warranty ends.

Confirmed hardware defects do not count against the accidental-damage replacement pool and are not subject to an annual numerical limit. Replacement tablets may be new, refurbished, or functionally equivalent or better and will be configured for the covered system. The failed tablet must be returned through the process SimVS provides.

Hardware-defect coverage does not include gradual battery-capacity decline, ordinary wear, cosmetic damage, loss, theft, unsupported repair or modification, damage caused by an external event, or obsolescence. A battery, charging port, or similar component that fails prematurely may be treated as a covered defect after diagnosis by SimVS.

Rights under the standard product warranty and applicable law remain available and are not reduced by Care.

Live onboarding is scheduled after delivery and is ordinarily provided remotely unless the quote states otherwise. The annual check-up is one remote session per coverage year, scheduled by mutual availability. Sessions do not roll over from one coverage year to the next.

SimVS may set reasonable scheduling, attendance, duration, cancellation, and rescheduling procedures. Custom training, additional sessions, travel, and onsite services are not included unless stated on the quote.

While Care is active, authorized users receive access to the web-based SimVS Portal features that SimVS designates as included with Care. These features may include browser-based scenario creation and editing, drug-library management, AI-assisted scenario tools, curriculum and reference resources, and other portal capabilities introduced over time.

SimVS Portal features will evolve. SimVS may add, modify, replace, or retire individual features and may apply reasonable account, usage, compatibility, safety, beta, or technical limits. During a paid coverage term, SimVS will not materially reduce the overall SimVS Portal capabilities included with Care without providing a substantially comparable capability or other reasonable remedy.

Unless the applicable quote expressly states otherwise, Care does not include third-party products, custom development, onsite professional services, or SimVS Portal capabilities identified as separately priced products.

When Care ends, access to the SimVS Portal features included with Care ends. Purchased on-tablet functionality remains available. SimVS Portal accounts, content, AI features, privacy, and data handling are governed by the SimVS Portal Terms and the Privacy Policy.

New systems. Year 1 of Care is included with every new SimVS system and starts on the date the system ships. All Care benefits, including accidental-damage protection, are active from that date. If delivery or installation is significantly delayed, contact SimVS; SimVS will reasonably adjust the included year to reflect the delay.

Existing systems and reenrollment after a lapse. Support, training, SimVS Portal, and check-up benefits begin when Care is purchased. Accidental-damage protection begins 30 days later and covers only damage occurring after that waiting period. Covered equipment must be functional when Care begins. SimVS may request photos or a short video call to confirm condition.

The waiting period does not apply to the included year for a new system or to a renewal completed within the late-renewal window in Section 10.

• Each Care term is 12 months unless the quote states a prepaid multi-year term.
• No automatic renewal. SimVS will provide a renewal opportunity before expiration. Coverage renews only after the customer approves the renewal invoice or other written renewal document.
• 60-day late-renewal window. If renewal is completed within 60 days after expiration, the locked rate remains available and the 30-day accidental-damage waiting period does not apply. Care is not active during this window: damage and service requests arising after expiration and before renewal are not covered. The renewed coverage year retains the original anniversary date and ends on that anniversary.
• Rate lock. The annual Care rate established with the original system purchase remains available while coverage stays continuous, including a renewal within the late-renewal window. Reenrollment after that window uses the then-current rate.

Care fees are non-refundable after the coverage term starts, except where required by law or agreed in writing. Ending use early does not create a refund, and coverage remains available through the paid term unless terminated under Section 12.

A three-year prepay covers Years 2 through 4 after the included first year. A five-year prepay covers Years 2 through 6. Prepaid terms are billed once at the agreed rate and are non-refundable except where required by law or agreed in writing.

Care belongs to the covered system rather than a named individual. If the system moves to another department, campus, or institution, remaining Care coverage transfers with it after written notice to SimVS and confirmation of the new responsible contact. Care may not be separated from or resold independently of the covered system.

SimVS may decline a claim or suspend or terminate Care for material abuse, fraud, false claims, intentional damage intended to obtain new hardware, resale of replacement units, nonpayment, or a material breach of these terms. When practical, SimVS will provide notice and a reasonable opportunity to cure a curable breach.

If SimVS terminates prepaid Care for abuse or breach, SimVS will refund fees allocated to complete unused future coverage years, less unpaid amounts or documented losses, except where law requires a different result. Termination does not disable purchased on-tablet functionality.

The applicable quote or invoice controls the Care price, covered system, coverage dates, and payment terms. The customer is responsible for applicable taxes unless valid exemption documentation is provided.

SimVS pays standard outbound and return shipping for covered replacement claims to US and Canadian addresses. Service elsewhere is arranged case by case. Unless the quote states otherwise, the customer is responsible for international duties, taxes, brokerage, import requirements, and costs that cannot reasonably be prepaid by SimVS.

Care benefits, including SimVS Portal access included with Care, are not reduced or replaced by this section or by the SimVS Portal Terms' disclaimers or liability provisions. SimVS remains responsible for providing or re-performing the Care benefits promised in these terms.

To the fullest extent permitted by law, SimVS's aggregate monetary liability arising from Care, including claims arising from SimVS Portal access included with Care, for each covered system during a coverage year, beyond providing or re-performing Care benefits, will not exceed the greater of (a) the Care fees paid or payable for that coverage year or (b) $500. For prepaid coverage, the annual Care fee is the total prepaid fee divided equally among the purchased coverage years. The included first year has a Care fee of $0, so the $500 minimum applies.

To the fullest extent permitted by law, SimVS is not liable under Care for indirect, incidental, special, exemplary, or consequential losses, including lost class time, rescheduled coursework, lost funding, or lost profits. Nothing in these terms limits liability that cannot legally be limited or reduces rights under the standard product warranty or applicable law.

The version in effect when a coverage term starts governs that coverage term. SimVS may update terms for future coverage terms but will not materially reduce benefits during a paid coverage term. The applicable quote or invoice should identify the covered system, coverage dates, Care fee, and agreement version.

If documents conflict, a mutually accepted quote or invoice controls only the agreed price, covered system, coverage dates, included features, shipping or service details, and payment terms. These Care terms control Care benefits, performance, and remedies. The SimVS Portal Terms and Privacy Policy control Portal accounts, acceptable use, Customer Content, AI-use rules, privacy, security, and data handling. A separately signed agreement or amendment may expressly change those allocations. Customer purchase-order boilerplate does not amend these terms unless SimVS expressly accepts the amendment in writing. Mandatory law controls where it cannot be varied.

Governing law. New York law governs these terms without regard to conflict-of-law rules, except where mandatory law requires otherwise. Any court proceeding must be brought in a state or federal court with jurisdiction over Albany County, New York, unless mandatory law provides another venue.

Force majeure. Neither party is responsible for delay caused by events beyond its reasonable control, except payment obligations. The affected party will use reasonable efforts to reduce the delay and resume performance.

Assignment. The customer may transfer Care only with the covered system as described in Section 11. SimVS may assign these terms as part of a merger, reorganization, sale of substantially all relevant assets, or transfer to an affiliate or successor capable of performing the obligations.

Severability; waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder remains effective. A failure to enforce a provision is not a waiver.

Entire agreement. These terms, the applicable quote or invoice, any signed amendment, and documents expressly incorporated by reference form the agreement for Care. Headings are for convenience and do not change meaning.

For Care support or questions, email support@simvs.com or contact your SimVS representative.

Formal notices to SimVS must be sent to Hudson Simulation Services, LLC, 909 Helderberg Trail, East Berne, NY 12059, with a copy to support@simvs.com. Notices to the customer may be sent to the billing or administrative contact listed on the quote, invoice, or SimVS account.