Terms & Conditions

Part C — Terms of Sale

These Terms of Sale apply when you buy a VIP‑PLANOPT license from Engineering Optimization Software LLC (“EOS”, “we”, “us”), 112 Paddington Ct, San Ramon, CA 94582, USA, email sales@planopt.com, through planopt.com, or through a quote we send you, unless you and EOS sign a separate written agreement. Your use of the software is governed by the End-User License Agreement above (the “EULA”). If these Terms of Sale and the EULA conflict about an order, payment, term or refund, these Terms of Sale apply.

C1. What you are buying

You are buying a time-limited license to use VIP‑PLANOPT. You are not buying the software itself. The software is licensed, not sold. Each order is for one product, shown on the order page:

• VIP‑PLANOPT Online: a subscription to use the web application at planopt.online for the license type, number of users, problem size (maximum number of departments) and term shown on the order page.
• VIP‑PLANOPT Desktop: a license to install and use the Windows software for the license type, problem size and term shown on the order page. Desktop licenses run for 3 years from delivery (see C2).

The license type (Individual, Educational Institution or Industrial Organization) decides who may use the license, as described in the EULA.

C2. Term

• Online terms range from 3 months to 36 months, as shown on the order page. Longer terms are available by quote.
• Desktop: after your purchase, we create a license file for you and email it to you. Your license starts on the day we deliver the license file and runs for 3 years, ending on the last day of that month (for example, a license delivered on March 10, 2027 ends on March 31, 2030).
• Online: your term starts on the day we deliver your License ID (Section C7) and runs for the number of months you bought, ending on the last day of that month (for example, a 12-month term delivered on March 10, 2027 ends on March 31, 2028).
• Your start and expiry dates are shown in your client account and in the delivery email.
• When a Desktop license expires, the software stops working with the full license and reverts to evaluation mode, unless you renew. When an Online term ends, access stops (EULA, Online Version clause).

C3. No automatic renewal

Your order is a one-time payment for the term you choose. We do not store your card details, and we will never charge you again automatically. Before your term ends, we will email you reminders (currently 30 and 7 days before expiry). To renew, place a new order from your client account or the Pricing page. A renewal is charged at the price shown on the day you renew. If you renew before your term ends, the new term starts the day after the old one ends. If you don’t renew, your license simply ends on the expiry date.

C4. Prices and currency

• Prices are in US dollars (USD) and are set by EOS. The price you pay is the price shown on the order page when you place the order, less any valid promo code. Prices may change at any time, but a change does not affect an order you have already paid for.
• Promo codes: one per order; they must be valid on the order date; they have no cash value and cannot be combined or applied to past orders.
• If your card is issued outside the United States, your bank may convert the amount and charge its own fees. Those are between you and your bank.
• If a price is clearly wrong because of a technical or typing error, we may cancel the order before delivery and refund you in full.

C5. Taxes

No sales tax, VAT or GST is added at checkout; the total shown is the total you pay. If you buy from outside the United States, you are responsible for any import VAT or GST, reverse-charge VAT, or withholding tax due in your country. If you are tax-exempt, you don’t need to send an exemption certificate, because no tax is charged.

C6. Payment

• Online orders are paid by credit or debit card, Apple Pay or Google Pay on a secure checkout page run by our payment processor, Stripe. EOS never sees or stores your full card number.
• Your order is accepted when Stripe confirms the payment to us. A payment that is declined, reversed or charged back cancels the order and any license delivered for it.
• You can pay by card through Stripe’s secure checkout, or choose “Pay by wire transfer / Purchase Order” to receive an invoice payable by bank transfer (see C6a). For custom configurations or quantities, use Request a Quote.

C6a. Invoiced orders (wire transfer or purchase order)

1. How it works. If you choose “Pay by wire transfer / Purchase Order” at checkout, we issue an invoice from our website showing the amount due, our bank details for payment, and the due date. Payment is recorded when the funds reach our bank account.
2. Payment due. Payment is due in full, in U.S. dollars, within 30 days of the invoice date.
3. Bank fees. You pay all bank, wire, intermediary and currency-conversion fees. We must receive the full invoiced amount. If a payment arrives short because of fees, we will invoice the difference, and the order is not paid until we receive it.
4. Delivery. We deliver the license after we receive full payment. At our sole discretion, we may deliver early. Early delivery does not change the due date or your obligation to pay.
5. When the order is binding. Your order is a binding offer to buy at the price shown on the order page. We accept it when we issue the invoice. A purchase order (PO) you send us is for your own reference and processing. These Terms of Sale and the EULA apply and take precedence over any different or additional terms printed on or attached to a PO, even if we accept, sign or refer to the PO. Any change to these terms must be in a written agreement signed by Engineering Optimization Software LLC.
6. Cancellation before payment. You may cancel an unpaid invoiced order at any time before we deliver the license by emailing sales@planopt.com. If we have not received payment by the due date, we may cancel the invoice without further notice. We may extend the due date at your written request.
7. Non-payment after early delivery. If we delivered early and payment is not received by the due date, we may suspend or end the license (for Online, suspend access; for Desktop, revoke the license file, after which the software returns to evaluation mode). You still owe the invoiced amount, and we may pursue collection.
8. Term start. The license term starts on the date we deliver the license, as set out in C2, whether delivery happens before or after payment.
9. Refunds. The refund rules in C12 and the Full Refund Guarantee apply to invoiced orders once they are paid. Refunds are paid by bank transfer to the paying account. We refund the full amount paid and pay our own outgoing transfer fee.
10. EU/EEA/UK consumers. If you are a consumer in the EU, EEA or UK, your 14-day right of withdrawal (C11a) starts when we accept your order by issuing the invoice. If you withdraw before delivery, any amount you have paid is refunded in full. If you ask for early delivery and acknowledge that you lose the right of withdrawal once delivery starts, the right ends on delivery. Otherwise, we will not deliver before the withdrawal period ends unless you give that request and acknowledgment in writing (email is fine).
11. Promotional codes. A promotional code applied to an invoiced order is used when the invoice is issued. If the order is cancelled, we may restore the code at our discretion.

C6b. Quotes

Quotes. A quote from us is an invitation to order at the prices and configuration shown. It is not an offer that you can accept to form a contract. During the validity period printed on the quote (30 days from the quote date), we will not change those prices or that configuration. A contract is formed only when (a) our payment processor confirms your payment through the quote’s payment link, or (b) we issue an invoice for an order you placed against the quote (Section C6a). We may decline or cancel an order placed against a quote, with a full refund of anything paid, only for the reasons in Section C11 (for example, a clear pricing error, a clearly false Educational eligibility statement, suspected fraud, or export-control or sanctions laws). If we issue a revised quote, you can place an order only against the latest revision.

Purchase orders. A purchase order (PO) you send us is for your own reference and processing. These Terms of Sale and the EULA apply and take precedence over any different or additional terms printed on or attached to a PO, even if we accept, sign or refer to the PO. Any change to these terms must be in a written agreement signed by Engineering Optimization Software LLC.

C7. Delivery

• We deliver licenses by email, within 1-2 business days after your payment is confirmed. Business days are Monday to Friday, excluding US federal holidays. If payment is confirmed after 5 p.m. Pacific Time or on a non-business day, the business day starts the next business day.
• Online: we email you a License ID. Each authorized user signs up at planopt.online with it.
• Desktop: we create a license file for you and email it to you, with a download link for the software. You can also download the software from your client account.
• Nothing is shipped on physical media.
• If we need more information first (for example, a missing Educational institution statement under Section C10), the delivery time starts once we receive it.
• If we haven’t delivered within 5 business days after payment (and we aren’t waiting for information from you), you may cancel for a full refund.

C8. License activation and use

• Online: each user creates their own planopt.online login using the License ID. The number of users may not exceed the number you paid for. Logins may not be shared.
• Desktop: install the software and install the license file we email you. Without a valid license file the software runs in evaluation mode. Use is limited to the problem size and license type you bought.
• Keep your License ID and license file confidential. They are for the licensee only and may not be resold or transferred except as the EULA allows.

C9. Your client account

• We create a client account at planopt.com/account/ with your first paid order, and email you a link to set your password. In your account you can see your licenses, expiry dates, License ID or license file, receipts and invoices; renew; and download the Desktop software.
• You are responsible for keeping your password safe and for activity under your account. Tell us at once at sales@planopt.com if you think someone else has used it. You can turn on two-step sign-in in your account.
• Your client account is separate from your planopt.online app login.
• We may suspend an account that is used to break these Terms or the EULA, or that puts the site’s security at risk.

C10. Educational pricing

Educational pricing is available to students, faculty and staff of accredited educational institutions for teaching and non-commercial research. An order qualifies automatically if the buyer’s email address uses an academic domain: a domain ending in .edu (for example, mit.edu), or ending in .edu or .ac followed by a two-letter country code (for example, .edu.au or .ac.uk), or ending in .edu followed by two further domain labels (for example, .edu.xx.yy). Other buyers may claim Educational pricing by naming their institution and explaining their eligibility at checkout. EOS accepts that statement without further verification, but if the statement is clearly false, EOS may charge the difference to the Industrial price or cancel the order and refund it.

C11. Cancellation

• Before delivery: you may cancel at any time for a full refund. Email sales@planopt.com with your order number.
• After delivery: you can’t cancel during the term, and we don’t give partial refunds for unused time, except as described in the Refund Policy (Section C12) or where the law requires.
• Cancellation by EOS: we may cancel an order before delivery, with a full refund, if an Educational eligibility statement is clearly false; if we suspect fraud; if there is a clear pricing error; or if the sale would break export-control or sanctions laws. We may end a license after delivery as the EULA allows (for example, for breach). In that case no refund is due, unless the law requires one.

C11a. Right of withdrawal for consumers in the EU, EEA and UK

Who this applies to. This section applies only if you are a consumer (buying for purposes outside your trade, business or profession) living in the EU, EEA or UK.

Your right. You may withdraw from this contract within 14 days without giving a reason. The period runs from the day the contract is concluded (when your payment is confirmed).

When you lose the right. At checkout you may expressly ask us to start supplying your license immediately and acknowledge that you will then lose your right of withdrawal. If you do, you lose the right once supply starts: for VIP‑PLANOPT Online, when we activate your License ID; for VIP‑PLANOPT Desktop, when we email you your license file. We confirm your request and acknowledgement in the order confirmation email.

Before delivery. Delivery is manual and can take up to 2 business days. If you withdraw before we deliver, you get a full refund. If you did not give the request and acknowledgement, you may withdraw within the full 14 days.

How to withdraw. Tell us clearly, before the period ends, that you are withdrawing — for example by email to sales@planopt.com or by post to Engineering Optimization Software LLC, 112 Paddington Ct, San Ramon, CA 94582, USA. You may use the model form below, but you don’t have to. It is enough to send your notice before the period ends.

Refund. We refund all payments received from you without undue delay and no later than 14 days after we receive your notice, to the original payment method, at no cost to you.

Model withdrawal form (complete and return only if you wish to withdraw):
To: Engineering Optimization Software LLC, 112 Paddington Ct, San Ramon, CA 94582, USA, sales@planopt.com
— I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following digital content/service (product and order number): ___
— Ordered on: ___
— Name of consumer(s): ___ — Address of consumer(s): ___
— Signature of consumer(s) (only if sent on paper): ___ — Date: ___

Information we give you. Before you order, the order page and these Terms show our identity and address, the product’s main features, the license type, users, problem size and term, the total price in USD (no tax added at checkout), the payment method, the delivery time (up to 2 business days), that there is no automatic renewal, the system requirements and compatibility (Desktop: Windows; Online: a web browser), these Terms and this withdrawal information. After you order, we send a confirmation email with this information and a copy (or link) of these Terms.

C12. Refund Policy

1. Before delivery: full refund on request (Section C11).
2. Late delivery: full refund if we haven’t delivered within 5 business days (Section C7).
3. Duplicate or mistaken orders: if you accidentally order the same license twice, or order the wrong product, tell us within 14 days of payment. We will refund the duplicate in full, or swap the wrong product for the right one and refund or charge the difference, as long as the license you want to return hasn’t been used.
4. Full Refund Guarantee: A full refund is guaranteed if any other software can produce better (lower-cost) layouts for any known set of benchmark problems. The conditions, deadline and claim process are in the Full Refund Guarantee terms.
5. Otherwise, payments for delivered licenses are not refundable. You can try VIP‑PLANOPT for free before buying through our free evaluation. There is no general satisfaction or money-back window.
6. EU/EEA/UK consumers: you have the 14-day right of withdrawal described in Section C11a.
7. Rights under the law: nothing in this policy limits any refund or cancellation rights you have under the law where you live.
8. How refunds are paid: to the original payment method, normally within 10 business days of approval. We refund the full amount you paid; we do not deduct payment-processing fees. Once a refund is paid, the license it covers ends.

Full Refund Guarantee

Our guarantee. A full refund is guaranteed if any other software can produce better (lower-cost) layouts for any known set of benchmark problems.
The rules below explain what this guarantee means and how to claim it.

1. Definitions

• "Benchmark problem" means a facility layout problem instance published in the peer-reviewed academic literature, or in a recognized public benchmark library, with all the data needed to evaluate a layout: departments or modules and their dimensions or areas, the flow or cost matrix, the facility boundary, and any constraints. Examples:

   ◦ the benchmark problems distributed with VIP‑PLANOPT (including L8FX);
   ◦ well-known instances from the facility layout and quadratic assignment literature, such as the Armour & Buffa, van Camp et al., Bazaraa, Nugent, Tam, Bozer & Meller, Meller et al., and Dunker et al. problems, and instances in QAPLIB, but only where the instance can be modeled in VIP‑PLANOPT.

• "Known set of benchmark problems" means one or more benchmark problems, as defined above, that were published before the date of your claim and that anyone can identify by a citation (authors, title, journal or library, year, and instance name).
• "Better (lower-cost) layout" means a layout whose objective value (total cost) is strictly lower than VIP‑PLANOPT’s layout (defined below) for the same benchmark problem in the head-to-head test, when both layouts are evaluated:

   ◦ under the same problem definition: identical department or module dimensions or areas, flow or cost matrix, facility boundary, and pick-up/drop-off points, if any;
   ◦ under the same cost function: the same distance metric (for example, rectilinear centroid-to-centroid distance) and the same objective formula as the published instance; and
   ◦ under all the same constraints: no overlapping departments, every department inside the facility boundary, and the shape, aspect-ratio, fixed-location, and orientation rules of the instance.
   ◦ in the same or less computing time: in the head-to-head test described in Section 5, the other software’s total wall-clock run time to produce that layout must be equal to or less than VIP‑PLANOPT’s run time on the same instance, with both run on the same (or equivalent) hardware. The run time must cover the full run, including all restarts, multiple starts, random seeds, and any pre- or post-processing. A cheaper layout found only with more run time than VIP‑PLANOPT does not count.
   A layout that breaks any constraint, changes the problem data, or exceeds VIP‑PLANOPT’s run time does not count.

• "VIP‑PLANOPT’s layout" means the layout and objective value the current release of VIP‑PLANOPT produces when EOS runs it in the head-to-head test (Section 5), using its standard settings, together with its wall-clock run time in that test.
• "Other software" means a computer program other than VIP‑PLANOPT that generated the layout. Layouts made by hand do not count. Only programs that are commercially available (offered for sale or license to the public) or publicly released (for example, published open-source or downloadable research code), with an identifiable version, count as other software. Unpublished, private or in-house programs, including a researcher’s unreleased code, do not count.
• Ties. A layout that equals VIP‑PLANOPT’s objective value, up to rounding at 0.01%, is not "better".

2. Who can make a claim

• The original purchaser of a paid VIP‑PLANOPT license (Online subscription or Desktop license), bought directly from Engineering Optimization Software LLC (EOS).
• Free evaluation or trial users, and Not-for-Resale or evaluation copies, are not eligible, because nothing was paid.
• The claim must be made by the license holder, or by an authorized representative of the organization or institution that holds the license.

3. Deadline

• A claim must be submitted within 14 days after the license is delivered (the day EOS emails the Desktop license file or the Online License ID). Late claims are not accepted.

4. How to submit a claim

Send a written request by email to sales@planopt.com with the subject line "Full Refund Guarantee Claim". Include:
1. Your name, organization, license type, License ID (Online) or license file details (Desktop), purchase date, and order or invoice number.
2. The other software: name, publisher, exact version or build, and where it can be obtained. Include settings or parameters if they affect the result.
3. The benchmark problem: a full citation of the published instance (authors, title, journal or library, year, instance name) and a copy of the problem data used.
4. The complete layout solution: coordinates and dimensions (or the equivalent placement data) of every department or module, any orientations, and pick-up/drop-off points used.
5. The objective value claimed, and how it was calculated (distance metric and formula).
6. Reproducible files: the input and output files from the other software, and any scripts used, so EOS can reproduce and check the result independently. Screenshots alone are not enough.
7. Run time and hardware: the total wall-clock run time reported by the other software for the claimed layout, covering the full run including all restarts; the computer used (CPU model and speed, number of cores/threads used, RAM, operating system); the software settings (time limits, iterations, parameters); and the number of runs and random seeds used, including runs that did not produce the claimed result.
8. A runnable copy of the other software, or access to it: an installable copy with a valid license (or a temporary license or account) that EOS may lawfully use for the test, together with the exact settings, parameter or configuration files, and instance files used. If you cannot lawfully provide a copy or license, you must instead agree to a jointly observed run (Section 5).
9. A statement that the information is accurate and that the layout was produced by the other software named.

5. How EOS verifies a claim

• Acknowledgment: EOS will confirm receipt within 5 business days.
• Verification: EOS will (a) check that the problem data matches the published instance, (b) check that the claimed layout meets every constraint, and (c) recalculate the objective value independently under the instance’s cost function. EOS may ask for more information. The verification clock pauses until you reply.
• Head-to-head test: EOS will then run VIP‑PLANOPT and the other software side by side on the same benchmark instance, on the same (or equivalent) hardware, using the exact settings and files you supplied for the other software, and will compare both the layout cost and the wall-clock run time (full run, including all restarts and seeds). The claim qualifies only if, in this test, the other software produces a strictly lower-cost layout in the same or less run time than VIP‑PLANOPT. Your reported run time and hardware (Section 4, item 7) are used to set up the test and as supporting evidence; the head-to-head result decides the claim.
• If EOS cannot lawfully obtain or run the other software: EOS will not buy, crack, or use the other software in breach of its license. If you cannot provide a runnable, lawfully licensed copy or access, the test may be done as a jointly observed run: you (or the software’s licensee) run the other software while EOS observes in person or by live screen share, on hardware whose specifications are recorded, and EOS runs VIP‑PLANOPT on the same or equivalent hardware at the same session. If neither a runnable copy nor a jointly observed run is possible, the claim cannot be verified and will not be approved.
• Decision: EOS will send a written decision with its calculations within 30 days after receiving a complete claim.
• Disagreement: if you disagree with the decision, you may reply with additional evidence within 15 days, and EOS will reconsider once.

6. Refund amount and method

• If the claim is approved, EOS will refund the full license fee you paid to EOS for the license in question.
• The refund will be paid within 15 days of approval, to the original payment method where possible, or otherwise by bank transfer or check.
• Refunds are paid in the currency of the original payment.

7. One refund per license; the license ends

• Only one refund is available per license purchase, no matter how many benchmark problems or layouts are submitted.
• When the refund is paid, the license ends. You must stop using VIP‑PLANOPT, uninstall and destroy all copies of the Desktop software, and stop using the Online account. EOS may deactivate the license or License ID.

8. Exclusions

The guarantee does not apply to:

• layouts for a customer’s own facility or private data, or any problem that is not a published benchmark problem (the guarantee is about published benchmark problems, not individual projects);
• problems VIP‑PLANOPT cannot model, or features it does not offer (for example, objective types or constraints the software does not support);
• results obtained by changing the problem data, relaxing constraints, using a different cost function or distance metric, or rounding the input data differently;
• layouts that were edited by hand or not generated by the other software;
• results that cannot be reproduced from the files provided;
• results that took longer to compute than VIP‑PLANOPT in the head-to-head test, or whose reported run time leaves out restarts, extra runs, or seeds;
• claims where the other software cannot be lawfully provided to EOS or run in a jointly observed session (Section 5);
• benchmark instances published after the claim date, or instances created for the purpose of the claim;
• free, evaluation, NFR, or trial licenses;
• claims submitted after the deadline in Section 3;
• licenses ended for breach of the EULA;
• claims involving fraud or misrepresentation.

9. Other terms

• This guarantee is in addition to any rights you have under applicable law, and does not limit them.
• EOS may update these claim rules for future purchases. The rules in effect on your purchase date apply to your license.
• Questions: sales@planopt.com.

C13. Receipts and invoices

Stripe emails a receipt when you pay. We also provide a paid invoice (PDF) showing Engineering Optimization Software LLC, 112 Paddington Ct, San Ramon, CA 94582, USA, sales@planopt.com, the order number, the license and term, the amount, the statement “All prices quoted herein are U.S. Dollars.” and Sales tax: none ($0.00). Receipts and invoices are also available in your client account. If your institution needs a W-9, a supplier registration form or a quote first, email sales@planopt.com.

C14. Other

The limitation-of-liability terms in the EULA (Section 6) also apply to these Terms of Sale. Questions about an order: sales@planopt.com.