User Agreement
Terms of Service for PE Practice
1. Who we are
These Terms of Service (the "Terms") govern your access to and use of the powerengineeringpractice.com website, apps, and related services (collectively, the "Service"), provided by PE Practice ("Company," "we," "us," or "our").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and all policies referenced here, including our Privacy Policy and any Acceptable Use or Content Policies we publish (collectively, the "Policies"). We may modify these Terms at any time (with or without prior notice, to the extent permitted by law) by posting an updated version on the Service, and you are responsible for periodically reviewing the Terms for changes. Your continued use after changes become effective constitutes acceptance. If you do not agree, please do not use the Service.
2. Eligibility & accounts
2.1 Eligibility. You must be at least the age of majority in your place of residence and capable of forming a binding contract to use the Service.
2.2 Account registration. You must provide accurate, current information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Account sharing is strictly prohibited. Accounts are licensed to a single natural person and may not be shared, transferred, or used concurrently by multiple individuals.
2.3 Enforcement; monitoring. We may employ reasonable technical and operational measures to detect prohibited sharing or excess usage (e.g., concurrent-session limits, device or IP checks). If we determine (acting reasonably) that access has been shared or that more individuals use the Service than purchased subscriptions, we may (a) require you to purchase additional subscriptions to cover actual usage; (b) assess additional fees on a pro-rated basis for the period of non-compliant use; and/or (c) suspend or terminate access (in whole or part). We will act in good faith and with reasonable notice where practicable.
3. Subscriptions, billing, refunds
3.1 Plans & auto-renewal. Paid features may be offered on a subscription basis. Unless otherwise stated, subscriptions auto-renew at the end of each term at the then-current price until canceled.
3.2 Billing & taxes. You authorize us and our payment processor (Stripe) to charge your payment method for fees, applicable taxes, and any foreign exchange fees. Prices and taxes may change.
3.3 Cancellation. You may cancel future renewals at any time from your account's billing settings or by contacting support@powerengineerpractice.com. Cancellation takes effect at the end of the current paid term; no pro-rated refunds unless required by law or expressly stated.
3.4 Refunds. Except where mandated by law or stated in our Refund Policy, fees are non-refundable.
3.5 Chargebacks. You agree not to file chargebacks without first attempting to resolve billing issues with us. We may suspend or terminate accounts involved in fraudulent or abusive chargebacks.
4. Use of the Service
4.1 License to you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal study, practice, and professional development purposes.
4.2 Academic/Certification disclaimer. The Service provides practice content for study purposes and does not guarantee exam results, certification, licensure, or employment outcomes. We are not affiliated with any licensing bodies or exam administrators unless expressly stated.
4.3 Acceptable Use. You agree not to: (a) copy, scrape, or bulk-export question banks; (b) share accounts or circumvent access controls; (c) reverse-engineer or interfere with the Service; (d) upload malware or unlawful content; (e) use the Service to violate laws; or (f) misrepresent your identity.
4.4 Content updates. We may add, modify, or remove content or features at any time. Beta or experimental features may be offered "as is."
5. Your content
5.1 User submissions. If you submit content (e.g., reviews, feedback), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, and display that content in connection with the Service and our business (e.g., support, diagnostics, promotion). You represent you have all rights necessary to grant this license.
5.2 Feedback. You agree we may use suggestions or feedback without restriction or compensation.
6. Our content & IP
6.1 Ownership. We and our licensors own all rights, title, and interest in and to the Service and its content, software, text, graphics, and trademarks, subject to third-party rights.
6.2 No scraping or redistribution. Except as expressly permitted, you may not copy, reproduce, redistribute, or make public any portion of the Service.
7. Third-party services
The Service may integrate or rely on third-party services (e.g., Stripe for payments, Firebase for hosting/auth, Resend for email). Your use of those services may be subject to their terms and privacy policies. We are not responsible for third-party services or their actions.
8. Privacy & data
8.1 Privacy Policy. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to those practices.
8.2 Analytics & communications. We may use analytics and send you transactional or service-related emails (e.g., account notifications, billing confirmations). We will only send you marketing or promotional communications with your express consent, in compliance with Canada's Anti-Spam Legislation (CASL). You may withdraw your consent and manage your email preferences at any time through your account settings or by following the unsubscribe link in any marketing email.
8.3 Data access & portability. Upon request, we will provide you with access to your personal data in a commonly used electronic format, in accordance with applicable privacy legislation including the Personal Information Protection and Electronic Documents Act (PIPEDA).
9. Security
9.1 Safeguards. We implement reasonable technical and organizational measures designed to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.
9.2 Your responsibilities. You are responsible for securing your account, devices, and network, and for promptly notifying us of any suspected compromise.
10. Availability & support
The Service may be unavailable due to maintenance, outages, or factors beyond our control. Reasonable internet connection is required to use the service. We provide support on a commercially reasonable basis via support@powerengineeringpractice.com.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) FOR ACCESS TO THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) CAD $100. Some jurisdictions do not allow certain limitations; in such cases, the foregoing applies to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your violation of these Terms or Policies, or (c) your content or misuse of the Service.
14. Term, suspension, termination
14.1 Suspension or termination by us. We may suspend or terminate your access immediately for any material violation of these Terms or Policies, for non-payment, or to comply with law.
14.2 Termination by you. You may stop using the Service and cancel your subscription at any time through your account settings or by contacting us.
14.3 Effect of termination. If we terminate your account due to your breach of these Terms, no refund will be provided for any prepaid fees. If we terminate your account for reasons other than your breach (e.g., discontinuation of the Service), you may be entitled to a pro-rated refund of any prepaid subscription fees for the unused portion of your term.
14.4 Survival. Sections that by their nature should survive termination will remain in effect (including payment obligations, disclaimers, limitations of liability, and indemnities).
15. Miscellaneous
15.1 Entire agreement. These Terms and the Policies are the entire agreement between you and us regarding the Service.
15.2 Severability. If any provision is held unenforceable, it will be modified to the extent necessary to be enforceable, and the remaining provisions will remain in full force.
15.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
15.4 No waiver. Failure to enforce any provision is not a waiver of our right to do so later.
15.5 Force majeure. We are not liable for delays or failures due to events beyond our reasonable control (including natural disasters, labor disputes, internet failures, acts of government, war, or pandemics).
15.6 Electronic communications & notices. You consent to receive notices electronically. We may provide notices via email to your account address or by posting to the Service.
15.7 App stores. If you download our app from an app store, the store provider is a third-party beneficiary of these Terms and may enforce them; its terms also apply.
15.8 Governing law & jurisdiction. These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada, and you hereby consent to the personal jurisdiction of such courts.
15.9 Dispute resolution. Before initiating any legal proceeding, you agree to contact us at support@powerengineerpractice.com and attempt in good faith to resolve any dispute informally for at least thirty (30) days. Most disputes can be resolved quickly and amicably through direct communication.
16. Contact
If you have any questions about these Terms, please contact us:
PE Practice
#177 440-10816 Macleod Trail S
Calgary, AB T2J 5N8, Canada
Email: support@powerengineeringpractice.com
Phone: 1-403-836-6967