1. Definitions
In these Terms of Use (the "Terms"), the following expressions have the meanings set out below:
- "Provider": Solutions Numériques de la Vallée, a sole proprietorship based in Québec, Canada.
- "Service": The website, applications and digital tools for firefighters, including the "Loss Trainer" and any related feature or service provided by the Provider.
- "User" or "you": Any natural person or legal entity who accesses or uses the Service.
- "Account": The user account created to access the Service, whether for individual use or under a department or organization subscription.
- "Organization": Any fire department, training center or other entity that subscribes to the Service for multiple Users (seat-based licenses).
- "Site": The Provider's website available at [SITE URL TO BE INSERTED] and any associated URL.
2. Acceptance of the Terms
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
If you use the Service on behalf of an Organization, you represent and warrant that you are duly authorized to bind that Organization and that it agrees to be bound by these Terms.
3. Nature of the Service – Training aid only
The Service provides digital training and simulation tools intended for firefighters and fire safety organizations. The Service:
- is not an official certification program;
- is not approved or endorsed by any local, provincial, state or federal authority;
- does not in any way replace formal training, standard operating procedures (SOPs), your fire department protocols or the directions of competent authorities.
You acknowledge that any real operational decision in the field must be made in accordance with formal training, your Organization's SOPs and applicable laws, and not based solely on the Service.
4. Account creation and access
4.1 Account creation
Access to the Service requires the creation of an Account using an email address and password, or through third-party identity providers (such as Auth0, Google, Facebook).
4.2 Accuracy of information
You agree to provide accurate, complete and up-to-date information and to keep it up to date at all times.
4.3 Credentials security
You are responsible for maintaining the confidentiality of your login credentials and for any activity carried out through your Account. Accounts may not be shared between multiple individuals. Each user must have their own Account.
4.4 Legal capacity
The Service is not specifically targeted at minors. If you are under 18 (or under the age of majority in your jurisdiction), you may only use the Service with the consent and under the supervision of a parent, guardian or other duly authorized representative.
5. Subscriptions, free trial and billing
5.1 Types of subscriptions
The Provider may offer, in particular:
- a time-limited free trial;
- a paid basic tier;
- a paid advanced tier;
- seat-based subscriptions for Organizations.
Details (features, prices, seat limits, etc.) are described on the Site or within the Service interface.
5.2 Free trial
The free trial is offered for a limited period, under the conditions specified at the time of registration. If no valid payment method is provided at the end of the trial period, paid access is automatically cancelled and your Account may be downgraded to limited access or deactivated.
5.3 Billing and payments
Subscription fees are billed monthly, and per seat where applicable, through our third-party payment provider (currently Stripe). You authorize the Provider and its service providers to automatically charge the applicable fees to the payment method you provide.
5.4 Taxes
Prices may exclude applicable taxes. Sales taxes (including GST/QST, where applicable) are calculated and collected automatically by the payment provider, in accordance with applicable laws in Québec and Canada.
5.5 No refunds
Except where required by applicable law, no refunds are offered (subscription fees, partial months, unused seats, etc.). It is your responsibility to cancel your subscription before the next billing period if you no longer wish to use the Service.
6. Permitted use and prohibited use
6.1 Permitted use
Subject to compliance with these Terms, you may use the Service:
- for personal or internal training, practice, simulation or study within your Organization;
- as part of improving the skills of firefighters, students or training staff.
6.2 Commercial use
Any use of the Service to provide commercial training or consulting services to third parties (for example, selling a course where access to the Service is a primary component) requires a separate written agreement with the Provider. Otherwise, such use is prohibited.
6.3 Prohibited use
You agree not to:
- share your Account with other individuals;
- attempt to circumvent technical limits, authentication systems or licensing mechanisms;
- copy, host, distribute, resell or sublicense the Service, in whole or in part;
- use the Service to develop a competing product or service;
- attempt to decompile, disassemble or reverse-engineer the Service, except to the limited extent expressly permitted by law;
- use any robot, script, scraper or other automated means to access the Service or to perform mass data extraction from it;
- use the Service in any unlawful, abusive, defamatory, fraudulent way or in a way that may harm third parties.
7. Data, privacy and third-party services
7.1 Types of data
The Provider may collect and process:
- your email address and certain Account information;
- anonymized or pseudonymized usage data (statistics, telemetry, usage logs) in order to improve the Service.
Names, addresses and payment information are primarily handled by third-party providers (such as Stripe) and are not retained in the Provider’s systems beyond what is technically necessary.
7.2 Third-party providers
The Service relies on third-party providers, including:
- identity providers (such as Auth0, Google, Facebook);
- payment processors (such as Stripe);
- cloud hosting providers (such as Oracle Cloud).
Your use of these services is also subject to their respective privacy policies and terms of use.
7.3 Privacy Policy
The detailed terms governing the collection, use and retention of your personal information are set out in the Provider’s separate Privacy Policy.
By using the Service, you also agree to the terms of that Privacy Policy.
8. Intellectual property
The Service, including all software, interfaces, text, visuals, logos, content, scenario templates and methodologies, is the exclusive property of the Provider and/or its licensors and is protected by applicable copyright and intellectual property laws.
No intellectual property rights are transferred to you. Subject to the applicable EULA for the software, you are granted a limited, non-exclusive, non-transferable and revocable right to use the Service solely in accordance with these Terms and the EULA.
9. No warranty
The Service is provided "as is" and "as available", without any warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, continuous availability, accuracy of calculations or compliance with any specific training standard.
The Provider does not warrant that:
- the Service will be error-free or uninterrupted;
- simulations, friction loss calculations or other results will exactly reflect all possible real-world situations;
- the Service will always meet your specific requirements or those of your Organization.
10. Limitation of liability
To the maximum extent permitted by applicable law, the Provider, its officers, employees, partners and licensors shall in no event be liable for any damages of any kind arising out of or in connection with the use of or inability to use the Service, including, without limitation:
- indirect, incidental, special, exemplary or consequential damages;
- loss of business, profits, revenue, data or goodwill;
- injuries, property damage or any harm related to real-world firefighting operations.
Without limiting the foregoing, you acknowledge that the Service is an approximate training tool and that any use in real-life situations is entirely at your own risk, under your sole responsibility and in accordance with your Organization’s protocols.
Subject to mandatory applicable laws, the total liability of the Provider to you for any claim arising out of or in connection with the Service, however caused, is limited to the total amount of fees you actually paid to the Provider for the Service during the three (3) months preceding the event giving rise to the claim.
Nothing in this clause is intended to limit any liability that cannot be excluded or limited under mandatory applicable laws.
11. Suspension, termination and account deletion
The Provider may, at its sole discretion and without prior notice, suspend or terminate your access to the Service in the event of:
- violation of these Terms;
- non-payment of applicable fees;
- abusive, fraudulent or harmful behavior towards the Provider, the Service or other Users.
You may stop using the Service at any time. Termination does not entitle you to any refund, except where required by applicable law.
12. Changes to the Service and to the Terms
From time to time, the Provider may:
- modify, update, suspend or discontinue certain features of the Service;
- adjust prices or subscription structures;
- amend these Terms.
In the event of a material change to the Terms, the Provider will post a notice on the Site and/or send you a notification at least 30 days before the new Terms take effect. Your continued use of the Service after the effective date constitutes your acceptance of the amended Terms.
13. Governing law and dispute resolution
These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of the Province of Québec, in the judicial district competent for the Provider’s domicile, subject to any mandatory rules applicable to consumers.
14. Language of the version
These Terms are drafted in French, and an English version may be provided for convenience only. In the event of any inconsistency between the French and English versions, the French version shall prevail.