Terms of Service

1. Acceptance of Terms

By accessing or using any platform, product, or service operated by Panda Projet (“Panda Projet,” “we,” “our,” or “us”), including but not limited to BizSimHub, BizSimLive, MarketSimLive, NegotiateSim, and ProjectManagerTool.com (collectively, the “Platforms”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”).

If you are using the Platforms on behalf of an organization (such as a university, employer, or company), you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both the individual and the organization.

If you do not agree to these Terms, you must not access or use the Platforms.

2. Description of Services

Panda Projet provides AI-powered business simulation platforms and project management tools designed for educational, training, and professional development purposes. Our services include:

• BizSimHub: A marketplace for business simulations across multiple industry scenarios with AI-powered coaching
• BizSimLive & MarketSimLive: Interactive business and marketing simulation environments
• NegotiateSim: AI-driven negotiation simulation platform
• ProjectManagerTool.com: A SaaS marketplace offering project management tools including CharterPro, DMAIC Generator, ROI Calculator, TCO Calculator, Risk Register, and Feasibility Study tools

We reserve the right to modify, suspend, or discontinue any part of the Platforms at any time, with or without notice.

3. User Accounts and Registration

To access certain features, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the confidentiality of your login credentials
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activity occurring under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Subscription Plans and Payments

Certain features of the Platforms are offered through paid subscription plans or one-time purchases. By subscribing or purchasing, you agree to the following:

4.1 Pricing and Billing

• Prices are listed on the respective Platform and are in Canadian dollars (CAD) unless otherwise stated
• All prices are subject to applicable Quebec/Canadian sales taxes (GST/QST)
• We reserve the right to change pricing with 30 days’ notice to active subscribers

4.2 Payment Processing

Payments are processed securely through Stripe. Panda Projet does not store your credit card information. By providing payment information, you authorize us to charge the applicable fees.

4.3 Refund Policy

• Monthly subscriptions: You may cancel at any time. No refunds for partial months.
• Lifetime access purchases: Eligible for a full refund within 14 days of purchase if the service has not been substantially used.
• Educational/institutional licenses: Governed by the terms of the applicable institutional agreement.

5. Intellectual Property Rights

5.1 Panda Projet’s Intellectual Property

All content, software, algorithms, simulation models, AI coaching systems, user interfaces, graphics, trademarks, logos, and other materials available on the Platforms (collectively, “Panda Projet Content”) are the exclusive property of Panda Projet or its licensors and are protected by Canadian and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

You may not, without our prior written consent:

• Copy, modify, distribute, sell, lease, or create derivative works of any Panda Projet Content
• Reverse engineer, decompile, or disassemble any software or algorithms used in the Platforms
• Remove or alter any copyright, trademark, or proprietary notices
• Use any automated means (bots, scrapers, etc.) to access, extract, or collect data from the Platforms
• Reproduce or redistribute simulation scenarios, AI coaching outputs, or tool templates for commercial purposes

5.2 User Content

You retain ownership of any content you submit, upload, or create on the Platforms (“User Content”), such as simulation inputs, project data, and customizations. By submitting User Content, you grant Panda Projet a non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely to provide and improve our services.

You represent that you have all necessary rights to submit User Content and that it does not infringe any third-party rights.

5.3 AI-Generated Content

The Platforms utilize artificial intelligence to provide coaching, analysis, and feedback. AI-generated outputs are provided for educational and informational purposes only. Panda Projet retains all rights in the underlying AI models, algorithms, and training data. You may use AI-generated outputs for your personal or internal business purposes, but may not redistribute them commercially without our consent.

5.4 Feedback

If you provide suggestions, ideas, or feedback about the Platforms (“Feedback”), you grant Panda Projet an irrevocable, perpetual, royalty-free license to use and incorporate such Feedback without obligation to you.

6. Acceptable Use Policy

You agree not to use the Platforms to:

• Violate any applicable law or regulation, including Quebec, Canadian, and international laws
• Infringe the intellectual property or privacy rights of any third party
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Platforms or other users’ accounts
• Use the Platforms for competitive benchmarking or to develop competing products
• Share login credentials with unauthorized individuals
• Engage in any conduct that disrupts or interferes with the Platforms’ operation

7. Educational and Institutional Use

For instructors, institutions, or organizations using the Platforms in educational settings:

• Institutional licenses are governed by separate agreements and these Terms apply where not superseded
• Instructors are responsible for ensuring students comply with these Terms
• Student data is handled in accordance with our Privacy Policy and applicable education privacy laws
• Simulation results and analytics are provided for educational assessment and are not guarantees of real-world outcomes

8. Disclaimers

THE PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PANDA PROJET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing:

• Simulation outcomes are hypothetical and for educational purposes only; they do not constitute business, financial, or investment advice
• AI coaching outputs may contain inaccuracies and should not be relied upon as professional counsel
• Project management tools provide templates and frameworks, not certified professional advice
• We do not guarantee uninterrupted or error-free operation of the Platforms

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDA PROJET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORMS.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO PANDA PROJET IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions, including Quebec, do not allow limitation of liability for certain damages. In such cases, the above limitations apply to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Panda Projet and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Platforms, your User Content, or your violation of these Terms.

11. Privacy

Your use of the Platforms is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in compliance with Quebec’s Act Respecting the Protection of Personal Information in the Private Sector (Loi 25), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and other applicable privacy laws.

12. Termination

We may suspend or terminate your access to the Platforms at any time, with or without cause, upon reasonable notice. You may terminate your account at any time by contacting us.

Upon termination:

• Your license to use the Platforms immediately ceases
• We may delete your account data after a reasonable retention period, subject to legal obligations
• Provisions that by their nature should survive termination (including Sections 5, 8, 9, 10, and 14) shall remain in effect

13. Modifications to Terms

We may update these Terms from time to time. We will provide notice of material changes by posting the updated Terms on our Platforms and, where required, by email notification. Your continued use of the Platforms after the effective date of any changes constitutes acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

Any dispute arising from these Terms or your use of the Platforms shall be resolved through the following process:

• Negotiation: The parties shall first attempt to resolve disputes through good-faith negotiation for a period of thirty (30) days.
• Mediation: If negotiation fails, the parties shall submit the dispute to mediation administered in accordance with Quebec mediation rules.
• Litigation: If mediation is unsuccessful, the courts of the judicial district of Montreal, Quebec shall have exclusive jurisdiction.

15. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable subscription or institutional agreement, constitute the entire agreement between you and Panda Projet.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: The failure of Panda Projet to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign your rights under these Terms without our prior written consent. Panda Projet may assign its rights and obligations without restriction.

Language: These Terms are drafted in English. A French version may be provided. In the event of any inconsistency, and in compliance with Quebec’s Charter of the French Language, the French version shall prevail within Quebec.

16. Contact Information

For questions about these Terms, please contact:

Panda Projet

Email: sgauthier@executiveproducer.ca

Website: pandaprojet.com

Address: 345 Lagauchetière W., Montreal, QC, Canada