Public English version: September 1, 2026
This description explains the content, scope, and operation of the Program. The identity of the Service Provider and the specific terms of engagement are stated in the applicable proposal, Program Order, and Services Agreement.
PoligonSoft Engineering Partner (the "Program") is a specialized technical service for computational model preparation, numerical simulation, and the analysis and interpretation of results relating to casting processes.
Calculations are performed using PoligonSOFT software. The Program is intended to investigate a specific casting problem through simulation, test hypotheses concerning the physical mechanisms associated with it, and compare modifications prepared by the Client.
The Program does not include the sale, sublicense, assignment, remote access, or delivery to the Client of the PoligonSOFT software. The Client purchases only the services and Deliverables expressly described in this document and the applicable Program Order.
The purpose of the Program is to investigate, through numerical simulation, the physical mechanisms associated with a specific casting problem and to compare successive versions prepared by the Client.
The service uses computational modeling to test the technical hypotheses and evidence defined for each Case. The Service Provider analyzes and interprets the simulation results, but does not select, approve, or impose design, engineering, process, or production solutions. Those decisions are made exclusively by the Client.
The Service Provider:
Through its own technical lead, technologist, engineer, or licensed professional when required by law, the Client:
Each capacity slot purchased under the Program constitutes a "Case Unit": prepaid capacity identified by a unique number and permanently linked to its Originating Program Order and Case Unit Value. A Case Unit is distinct from the technical work file for a Case and may subsequently be allocated to another Case after an Eligible Non-Reproduction Attempt is closed without Case Unit consumption.
For each Case Unit, the "Case Unit Value" is the Total Price of the Program Order in which that Case Unit was originally included, divided by the number of Case Units originally included in that Program Order. The Case Unit Value follows the Case Unit and does not change when the Case Unit is carried over upon renewal.
The Program has a fixed term of twelve months and is paid in full in advance. The start date is expressly stated in the Program Order and is not determined by the payment date, the date of the first calculation, or the opening of a Case. The parties may change the start date only by written agreement. The Program does not renew automatically. Continuation requires a new engagement.
If the Client renews the Program, the following will be carried over in full to the new term: (a) all available Case Units that have not been counted as used; and (b) all Cases with an Open Operational Status, together with their associated Case Unit, regardless of the Accounting Status of that Case Unit. Each item will be recorded only once. The Case will retain its Operational Status, and the associated Case Unit will retain its Originating Program Order, Case Unit Value, and Accounting Status. If the Program is not renewed, available Case Units that have not been counted as used will expire at the end of the term without refund, subject to any mandatory, non-waivable consumer rights.
A "Casting Optimization Case" or "Case" is a technical work file that, while work is in progress, is associated with a Case Unit and is limited to:
Each Case includes:
The ordinary limit is therefore one Baseline plus no more than five Client-Modified Versions. Internal Reruns attributable to technical preparation, correction, or calibration tasks performed by the Service Provider do not count toward that limit.
Before a Case begins, the parties must approve a written Case Scope Document.
The Case Scope Document will expressly identify the number of the Case Unit allocated to the Case, its Originating Program Order, and its Case Unit Value. A Case Unit may not be allocated to more than one Open Case at the same time. The Case Scope Document must also state at least:
An objective such as "improve quality," "optimize the casting," or "eliminate all defects" does not, by itself, constitute a sufficiently defined scope.
If the objective is to reproduce a defect observed in production, the Case Scope Document will also identify the Eligible Defect. An Eligible Defect is only a defect that: (a) the Client described and documented before the Case was accepted; (b) is expressly included in the agreed objective; and (c) may, based on the Service Provider's preliminary technical assessment and the data reasonably available, be associated with phenomena that PoligonSOFT can model or identify. An anomaly caused exclusively by a production deviation that was not disclosed or represented in the Case data, such as an operational, material, chemical, or dimensional variation outside the agreed conditions, is not an Eligible Defect if that deviation cannot be inferred or evaluated through the contracted simulation.
The following processes may be accepted within the standard scope, subject to technical review of the data and model:
High-pressure die casting (HPDC), low-pressure die casting (LPDC), vacuum-assisted casting, centrifugal casting, continuous casting, and any other special process are evaluated individually. The evaluation may result in additional conditions, an additional price, a change in the number of Case Units to be charged, or a separate engagement. No special process is included unless the Service Provider expressly accepts it in writing.
A Case is not limited to a predetermined module package. The Service Provider may use the PoligonSOFT capabilities technically required to investigate the agreed problem, including, when applicable:
Selection of the modules is a technical execution decision made by the Service Provider. The Service Provider is not required to run analyses that do not have a reasonable relationship to the agreed problem.
The modules and analyses reasonably required to meet the objective and simulation-based closure criterion of an accepted Case are included in the Program price and do not, by themselves, result in an additional charge or require another Case Unit. This includes stress and deformation analyses when technically required. This rule does not apply to special processes, scope changes, or separately quoted additional work.
As applicable, the Client will provide:
The Client represents and warrants that, to the best of its knowledge and belief, the data are accurate, reasonably represent the process to be studied, and may lawfully be used by and transferred to the Service Provider.
If data are missing, the Service Provider may request additional information, reject or suspend the Case, or propose technical assumptions. Each material assumption must be disclosed and accepted in writing before it is incorporated into the Baseline. Acceptance of an assumption does not make the Service Provider responsible for the accuracy of the missing information. A Case suspended because of inaccurate, incomplete, or unrepresentative data will not be recorded as a Service Provider failure or as an Eligible Non-Reproduction Attempt. It will remain pending correction during the Program term.
The Client retains all rights in its models, drawings, photographs, parameters, inspection results, and other source materials.
The Client represents that:
The Client grants the Service Provider limited, non-exclusive, and temporary authorization to copy, technically adapt, and process those materials only to perform the Case and comply with legal obligations.
Technical preparation of the model for simulation may include importing, simplifying, meshing, correcting import errors, defining computational domains, and performing other tasks required to run PoligonSOFT.
These tasks do not constitute product design, part redesign, gating-system design, mold design, preparation of production drawings, or engineering changes to the Client's CAD files.
If the file cannot be used without a material geometric modification, the Client must provide a corrected version. The Service Provider will not make that correction unless the parties enter into a separate agreement.
Within the capabilities of the model and the data provided, the Baseline represents the Client's current process or, for a preventive Case, the initial version and reference conditions expressly defined in the Case Scope Document.
If the Case concerns an existing defect, the Service Provider will compare the Baseline against the physical evidence provided by the Client. The Service Provider may perform reasonably necessary Internal Reruns for calibration. Those Internal Reruns do not reduce the maximum of five Client-Modified Versions when their sole purpose is to correct or calibrate the Service Provider's technical configuration and they do not represent a new technical alternative requested by the Client.
Before the Baseline is run, the Case Scope Document will define the observable evidence, comparison area, simulation indicators, and correlation criterion. A physical mechanism may be stated as a hypothesis, but it will not be treated as known when the purpose of the analysis is to determine that mechanism. The defect will be considered reproduced when the agreed indicators appear in the relevant area and meet the correlation criterion. The conclusion must be supported by results and communicated to the Client.
The calibration phase will end when the reasonably available internal technical adjustments no longer materially improve the correlation, the data accepted for the Case have been exhausted, or the evidence indicates that the defect is not associated with phenomena identifiable within the scope. If an Eligible Defect cannot be reproduced in the simulation, the Service Provider will deliver a documented explanation. The associated Case Unit will not be counted as used, and the technical work file will be recorded as an "Eligible Non-Reproduction Attempt". This term describes the documented outcome of the agreed calibration phase and does not mean that the Service Provider failed to perform the service.
A change to the geometry, production data, material properties, process parameters, or physical assumptions is not an Internal Rerun, even if documented. Before a new simulation is run, the parties must record the change, as applicable, as a correction to the Baseline data, an amendment to the Case Scope Document, or a Client-Modified Version, and must state its effect on the Operational Status of the Case and the Accounting Status of the associated Case Unit.
Failure to reproduce the defect does not mean that the defect does not exist and does not constitute an exhaustive diagnosis of all possible chemical, metallurgical, operational, mechanical, or manufacturing causes.
Non-reproduction will cease to qualify as an Eligible Non-Reproduction Attempt only if it is attributable to inaccurate, incomplete, or unrepresentative data, undisclosed process changes, or material information omitted or misrepresented by the Client that prevented a proper eligibility assessment. A later indication from the analysis that the phenomenon cannot be identified within the accepted capabilities or scope does not, by itself, cause the non-reproduction outcome to cease qualifying as an Eligible Non-Reproduction Attempt.
A "Client-Modified Version" is an identifiable combination of geometry and process parameters prepared or selected by the Client to evaluate a technical alternative, in which at least one element has changed from the Baseline or the preceding version.
Each geometric alternative or alternative set of parameters constitutes a separate Client-Modified Version, even if provided in the same file or message.
The following are not Client-Modified Versions:
A corrupt, incomplete, inconsistent, or technically unusable file is not a simulated Client-Modified Version. The Service Provider may return it for correction.
Before running the simulation, the Service Provider will identify the Client-Modified Version in writing and confirm that it belongs to the same Case. That confirmation does not constitute approval of the change's suitability for production.
If a submission contains several alternatives, the Service Provider will state in writing how many Client-Modified Versions will be counted and will not begin the simulations until it receives the Client's confirmation.
Any of the following constitutes a new Case or a contractual amendment:
A modification within the optimization variables authorized by the Case Scope Document, including authorized changes to the gating and feeding system, risers, chills, geometry, or process parameters, is not a scope change, provided that the same identified part, process, and objective are maintained. Each alternative will still count as a Client-Modified Version.
The Service Provider must explain in writing why it considers a request to be outside the scope. Additional work will not begin until the parties agree on the new Case, allocation of another Case Unit, or an additional quotation.
The Case and its associated Case Unit are recorded using two separate classifications:
A. Operational Status: Requested, Accepted, Open, Closed, or Closed Without Case Unit Consumption.
B. Accounting Status of the associated Case Unit: Not Counted as Used or Counted as Used.
Operational Status applies to the technical work file for the Case, while Accounting Status applies to the associated Case Unit. Availability is separate from Accounting Status. A Case Unit that has not been counted as used may be available or allocated to an Open Case. While allocated, it may not be used for another Case. When the technical work file corresponding to an Eligible Non-Reproduction Attempt is Closed Without Case Unit Consumption, that allocation ends and the Case Unit becomes available again. For example, a Case may be Open with its Case Unit Counted as Used, Open with its Case Unit Not Counted as Used, Closed with its Case Unit Counted as Used, or Closed Without Case Unit Consumption with its Case Unit Not Counted as Used.
A Case is Accepted when the parties approve the Case Scope Document and becomes Open when technical work begins. The associated Case Unit is Counted as Used when: (a) the Baseline reproduces an Eligible Defect; or (b) for a Case whose Case Scope Document does not identify an Eligible Defect, the Baseline is delivered.
An Eligible Non-Reproduction Attempt does not consume the associated Case Unit. After the documented explanation has been delivered, the review period has expired, and all timely requested corrections have been resolved, the corresponding technical work file will be Closed Without Case Unit Consumption. It does not give the Client a right to Client-Modified Versions and will not be carried over as an Open Case. The same Case Unit will become available again during the Program term and will retain its identifier, Originating Program Order, Case Unit Value, and the single aggregate copyright remuneration applicable to materials generated against that Case Unit. If the Program is renewed, it will be carried over only as a Case Unit with Accounting Status Not Counted as Used.
Failure to reproduce a defect due to inaccurate, incomplete, or unrepresentative data, undisclosed changes, or material information omitted or misrepresented by the Client is not a Service Provider failure. The Case will be suspended until the Client corrects the information within the Program term.
The final Deliverable is prepared upon the first to occur of:
Once the simulation-based closure criterion has been met, the Client has no continuing right to require any remaining Client-Modified Versions as separate simulations or for different objectives.
The simulation-based closure criterion refers exclusively to simulation results. It does not mean that the defect has been eliminated in production.
If the Program is not renewed, each Open Case ends when the Program term expires. The Service Provider will deliver a closing Deliverable limited to the work actually completed. That Deliverable will have the same review and correction period, after which the Case will be Closed and the files will be deleted. No new Client-Modified Versions will be simulated after expiration.
Expiration will not terminate a Case to the limited extent necessary to complete work that, under the agreed dates or sequence, could not be performed before expiration solely because of delay attributable to the Service Provider. This extension does not increase the scope, number of Client-Modified Versions, or term of any other Case. If the Program is renewed, the Open Case will be carried over to the new term and will retain its status.
Unless the Case Scope Document states otherwise, the Client will receive:
Delivery of files compatible with the identified results viewer does not constitute a license to PoligonSOFT or authorize access to the calculation engine (solver), calculation modules, code, libraries, internal templates, or the Service Provider's tools. The Client will obtain the results viewer and accept its terms directly from the relevant rights holder. The Service Provider does not guarantee the future availability or compatibility of the results viewer after delivery.
The Client will review each Deliverable within ten business days after receipt and notify the Service Provider of any objective, sufficiently detailed nonconformity with the agreed scope. A Deliverable will be deemed accepted for administrative purposes upon the earlier of: (a) the Client's written acceptance; or (b) expiration of that period without a valid objection. Delivery of a material correction will begin a new ten-business-day review period only for the corrected portion. Acceptance does not depend on satisfactory production results, but on whether the Service Provider performed and documented the contracted work. The Case will not be Closed, and its files will not be deleted, during the review period or while a timely requested correction remains pending. This administrative review period does not reduce any mandatory, non-waivable consumer warranty or right.
If a technical error is attributable to the Service Provider, the initial remedy will be correction or repetition of the affected work without counting an additional Client-Modified Version. If a material nonconformity cannot be corrected after a reasonable opportunity to do so, the portion of the price reasonably attributable to the affected work will be refunded. This provision does not limit any mandatory, non-waivable rights available to a consumer under applicable law.
Each original Deliverable identified with sufficient specificity in the Case Scope Document is produced as a commissioned work for the Client under Article 83 of the Mexican Federal Copyright Law (obra por encargo remunerado). As between the parties, the Client will own the economic rights under copyright in those elements from their creation and delivery, to the fullest extent permitted by that provision.
As a fallback, every transferable economic right under copyright that does not vest in the Client under the Mexican commissioned-work regime is assigned to the Client on an exclusive, worldwide basis for fifteen years from delivery. The fixed and specified aggregate copyright remuneration for all commissioned works and fallback assignments generated against the same Case Unit, including documented explanations of Eligible Non-Reproduction Attempts generated before that Case Unit is Counted as Used, equals ten percent of the Case Unit Value and is included in the Total Price. The assignment includes the rights of reproduction, publication, editing, adaptation, translation, integration, distribution, public communication and transmission, making available, and use in print, electronic, audiovisual, and technical media for industrial, commercial, regulatory, and documentation purposes.
Regardless of whether copyright protection applies, as between the parties, the Client owns the delivered copies, numerical results, tables, charts, and project-specific compilations. The Client may use, reproduce, adapt, translate, integrate, communicate, distribute, and transmit the Deliverables, subject to third-party rights, the exclusions relating to PoligonSOFT and pre-existing materials, applicable trade-control laws, and the restrictions governing third-party use of and reliance on the Deliverables. Inalienable moral rights will be respected as required by law.
The ownership and assignment do not include rights that the Service Provider cannot transfer or rights in:
If a Deliverable incorporates a pre-existing format, template, or other element of the Service Provider that cannot be separated without preventing use of the Deliverable, the Service Provider grants the Client a non-exclusive, worldwide, royalty-free license for the term of the assigned rights, limited to what is necessary to fully exercise the rights in the Deliverable. This license does not include PoligonSOFT, the solver, code, libraries, or tools that were not delivered. At the Client's request and expense, the parties will execute documents reasonably required to register the transaction with the competent authority.
The Service Provider may not reuse, publish, sell, disclose, anonymize for statistical purposes, use to train models, or use for a third party any Client-specific data or results, unless the Client gives prior express written authorization or use is required to comply with a legal obligation.
Any non-public technical, commercial, or industrial information that one party receives from the other will be used exclusively for the Program.
The Service Provider will restrict access to the information and run the calculations on a local server. Files may be transferred through a channel selected or approved in writing by the Client. If the Service Provider uses a temporary cloud transfer or storage service, including Google Drive or another identified service, it will notify the Client, limit use of that service to the time required for transfer, and will not move execution of the calculations to that service.
After acceptance of the final Deliverable, resolution of all timely requested corrections, and closure of the Case, the Service Provider will delete the Client's models, photographs, results, work files, and other technical data from its server and the active areas of temporary transfer accounts under its control. It will not create or retain backups under its control that would permit reconstruction of the project. If the temporary third-party transfer or storage provider retains residual copies outside the Service Provider's ordinary access, those copies will be subject to that third-party provider's deletion cycle and security measures. The Service Provider will not restore or use them unless legally required to do so. The Client is responsible for downloading and retaining its Deliverables before deletion.
Deletion does not include the minimum administrative documentation, acceptance communications, or minimum delivery evidence that must be retained. The Case Scope Document will not incorporate source files or reconstructive technical attachments. Minimum evidence is limited to the file identifier or name, cryptographic hash, size, date, recipient, and acknowledgement, without retaining the file, preview, model, or any technical content that would permit reconstruction. These records may not be used for new analyses, marketing purposes, or the benefit of third parties.
The Client will avoid including personal data that are not necessary. The parties will comply with the data protection laws applicable to them.
The Service Provider will process contact data to administer the contractual relationship in accordance with its privacy notice. The Client will not transfer personal data embedded in technical files until the parties have determined their respective roles in writing. If the Service Provider must process personal data on the Client's behalf, the parties will first enter into a data processing addendum covering instructions, purpose, duration, security, subprocessors, transfers, incidents, and deletion.
Before transferring files to the Service Provider, the Client must verify that their export, re-export, international transfer, and access by the Service Provider are lawful under the rules applicable to the country of origin, country of destination, rights holder, technology, and end user. The Client will not send data subject to ITAR, EAR, dual-use controls, defense secrecy restrictions, or equivalent restrictions without identifying them in advance and obtaining the Service Provider's express written acceptance.
Before accepting projects relating to defense, military use, nuclear energy, missiles, aeronautics, space, medical products, or other regulated or dual-use sectors, the Service Provider may request information concerning:
Acceptance of projects in those industries is not automatic. The Service Provider may reject, suspend, or terminate a Case if performance, delivery of technology, transfer of results, or receipt of payment could violate an applicable rule, binding sanction, or authorization requirement.
The Program must not be used to evade sanctions or export controls. The use of lawfully licensed software does not eliminate the need to verify the legality of each transaction, end user, and destination.
Unless separately agreed in writing, the Program does not include:
Simulation is a mathematical representation based on data, properties, boundary conditions, discretization, and assumptions. It does not necessarily reproduce:
The results are technical information intended to support decision-making. They are not mandatory manufacturing instructions and do not replace the judgment of the Client's technical lead, the involvement of a licensed professional when required by law, physical testing, or the Client's quality controls.
The Service Provider does not control the final design, selection of changes, manufacture of tooling, execution of the process, materials, personnel, equipment, or the Client's quality control. Accordingly, the Service Provider is not responsible for production decisions, defects, rejected parts, scrap, production stoppages, product recalls, damage to manufactured products, or regulatory noncompliance resulting from acts or omissions outside its control. This exclusion does not eliminate any direct liability that may arise from the Service Provider's own proven breach.
Liability for the Service Provider's willful misconduct (dolo) or any other liability that applicable law prohibits from being excluded or limited may not be excluded or limited. In all other cases and to the fullest extent permitted by law, aggregate liability for direct damages relating to the Program will be limited to the total amount actually paid by the Client for that Program, subject to the exclusions and exceptions set out in the Services Agreement.
Available Case Units that have not been counted as used expire at the end of the twelve-month term if the Client does not renew the Program. No contractual refund is due solely because those Case Units remain unused or because the Client voluntarily cancels, subject to any mandatory, non-waivable consumer rights.
If the Client renews the Program, all available Case Units that have not been counted as used and all Open Cases together with their associated Case Unit, regardless of the Accounting Status of that Case Unit, will be carried over. Each Case Unit or Case will be recorded only once. For each carried-over item, the Renewal Order must state its number, Originating Program Order, Case Unit Value, Operational Status of the Case, and Accounting Status of the Case Unit.
A Case remains active until the Program expires unless it is Closed earlier under this document or the parties agree otherwise in writing.
There is no contractual right to a refund for voluntary cancellation, failure to use Case Units, expiration of the Program, or inability to reproduce an Eligible Defect, provided that the Service Provider performed the analysis phase in accordance with the Case Scope Document and delivered the corresponding documented explanation.
An Eligible Non-Reproduction Attempt does not consume the associated Case Unit. After the corresponding technical work file is Closed Without Case Unit Consumption, the Case Unit remains available during the Program term and, if the Program is renewed, is carried over with Accounting Status Not Counted as Used in accordance with Section 24. Inability to reproduce the defect is not, by itself, a breach and does not give rise to a refund.
The foregoing does not limit any refund, statutory price-based remedy known as bonificacion, compensation, or other remedy required because of a breach attributable to the Service Provider, definitive inability to perform a paid portion of the service, or mandatory consumer protection law.
If the full Case Unit Value must be refunded under the Services Agreement for a Case Unit that has not been counted as used but has already generated at least one conforming, accepted, and unaffected Deliverable in which the Client retains rights, the single aggregate copyright remuneration of ten percent described in Section 17 may be retained once, unless mandatory law requires a full refund. If that remuneration is not retained, the commissioned-work ownership arrangement and the fallback assignment covering the original elements generated against that Case Unit will terminate upon payment of the refund, without affecting the Client's data or any facts or numerical results that are not protected by copyright.
The Program may be purchased by businesses, professionals, or individuals when technically appropriate. If the Client legally qualifies as a consumer, no provision will reduce any non-waivable rights, compensation, cancellation mechanism, or mandatory forum available under applicable consumer protection law.
Before accepting payment from a person who is or may be a consumer, the person's country of habitual residence and the applicable mandatory rules will be determined. The Client will receive a Consumer Addendum containing the Total Price and all mandatory pre-contract information, including complaint and cancellation methods, warranties, refunds, and the applicable forum. If the Service Provider does not have terms compatible with that jurisdiction, it may decline the engagement.
The technical exclusions, scope limitations, and absence of a results guarantee do not eliminate the Service Provider's obligation to perform the service in accordance with the agreed scope and with reasonable technical care.
The relationship will be documented by:
The website, frequently asked questions, commercial messages, and presentations are general information only. In the event of any inconsistency, the signed Contract Documents listed above will control.
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