Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pogon Public Speaking Academy ("Company," "we," "our," or "us") concerning your access to and use of our website pogonupsoa.com and our public speaking training services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Pogon Public Speaking Academy provides professional public speaking training and education services, including:

• In-person and virtual public speaking courses
• Corporate training programs
• Individual coaching sessions
• Workshop facilitation
• Educational content and resources
• Online learning materials
• Assessment and feedback services

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Service, you may be required to create an account. When creating an account, you must provide accurate, complete, and current information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Log out of your account at the end of each session
• Accept responsibility for all activities under your account

3.3 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine to be harmful to our Service or other users.

4. Course Enrollment and Participation

4.1 Enrollment Requirements

To enroll in our courses, you must:

• Be at least 18 years of age
• Provide accurate registration information
• Complete payment as required
• Agree to our course-specific terms and conditions

4.2 Course Attendance

Regular attendance is expected for all enrolled courses. We reserve the right to refuse continued participation to students who:

• Miss more than 20% of scheduled sessions without valid reason
• Disrupt the learning environment
• Fail to meet course prerequisites
• Engage in inappropriate behavior

4.3 Course Materials

Course materials provided by us are for your personal use only. You may not:

• Share, distribute, or sell course materials to third parties
• Record, copy, or reproduce course content without permission
• Use our materials for commercial purposes
• Modify or create derivative works from our content

5. Payment Terms and Refund Policy

5.1 Pricing and Payment

All prices are listed in Canadian dollars (CAD) and include applicable taxes unless otherwise stated. Payment is due at the time of registration unless alternative arrangements have been made in writing.

5.2 Payment Methods

We accept the following payment methods:

• Credit cards (Visa, MasterCard, American Express)
• Debit cards
• Bank transfers
• Corporate invoicing (with approved credit application)

5.3 Refund Policy

Our refund policy varies by service type:

Course Refunds:

• Full refund: Cancellation more than 14 days before course start date
• 50% refund: Cancellation 7-14 days before course start date
• No refund: Cancellation less than 7 days before course start date
• Emergency exceptions: Medical emergencies or family crises may qualify for partial refunds at our discretion

Individual Coaching:

• 24-hour cancellation notice required for rescheduling
• Sessions cancelled with less than 24 hours notice will be charged
• Unused sessions expire 6 months from purchase date

5.4 Late Payments

For corporate accounts, payments not received within 30 days of invoice date may be subject to late fees and suspension of services.

6. Intellectual Property Rights

6.1 Our Content

The Service and its original content, features, and functionality are and will remain the exclusive property of Pogon Public Speaking Academy. This includes:

• Course curricula and methodologies
• Training materials and resources
• Website design and content
• Trademarks, logos, and branding
• Assessment tools and frameworks

6.2 User Content

You retain ownership of any content you create or share during our courses. However, by participating in our programs, you grant us a limited license to:

• Use your testimonials and feedback for marketing purposes
• Share anonymized case studies and examples
• Record sessions for quality assurance (with your consent)

6.3 Copyright Infringement

We respect intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us immediately with details of the alleged infringement.

7. User Conduct and Prohibited Uses

7.1 Acceptable Use

You agree to use our Service in a manner that is lawful, respectful, and conducive to learning. This includes:

• Treating all participants and instructors with respect
• Maintaining confidentiality of other participants' information
• Providing constructive feedback in appropriate forums
• Following instructor guidelines and course protocols

7.2 Prohibited Activities

You may not use our Service to:

• Harass, intimidate, or discriminate against other users
• Distribute spam, viruses, or malicious software
• Attempt to gain unauthorized access to our systems
• Use the Service for any illegal or unauthorized purpose
• Impersonate others or provide false information
• Interfere with the proper functioning of the Service
• Solicit other participants for business purposes

7.3 Consequences of Violations

Violations of these conduct rules may result in:

• Warning and counseling
• Temporary suspension from courses
• Permanent ban from our services
• Legal action where appropriate

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimers

Our Service is provided "as is" and "as available" without warranties of any kind. We specifically disclaim:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of specific outcomes or results from our training
• Warranties regarding uninterrupted or error-free service
• Warranties about the accuracy or completeness of content

9.2 Results Disclaimer

While we strive to provide high-quality training, individual results may vary. We cannot guarantee that participation in our programs will lead to specific career advancement, speaking opportunities, or other outcomes.

9.3 Limitation of Liability

To the fullest extent permitted by law, Pogon Public Speaking Academy shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid for our services
• Acts or omissions of third-party service providers

10. Indemnification

You agree to indemnify and hold harmless Pogon Public Speaking Academy, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use of the Service
• Your violation of any rights of another party
• Any content you submit or share through the Service

11. Termination

11.1 Termination by You

You may stop using our Service at any time. If you have an account, you may delete it by contacting us directly.

11.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users or our business
• Exposes us to legal liability
• Is otherwise inappropriate

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and data
• Outstanding payment obligations remain in effect
• Confidentiality and intellectual property provisions survive

12. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including:

• Natural disasters, epidemics, or pandemics
• Government actions or regulations
• Labor strikes or transportation disruptions
• Internet outages or technical failures
• Acts of war or terrorism

In such cases, we will make reasonable efforts to provide alternative arrangements or reschedule services.

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through:

1. Direct negotiation: Initial attempt to resolve disputes through good faith discussions
2. Mediation: If negotiation fails, binding mediation in Montreal, Quebec
3. Arbitration: Final resolution through binding arbitration under Quebec arbitration rules

13.3 Jurisdiction

If legal proceedings are necessary, both parties consent to the exclusive jurisdiction of the courts located in Montreal, Quebec.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify users of material changes via email or website notice
• Provide at least 30 days notice for significant changes
• Consider continued use as acceptance of updated Terms

We encourage you to review these Terms periodically for any changes.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be replaced with valid provisions that most closely reflect the intent of the original terms.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Pogon Public Speaking Academy regarding your use of the Service.

17. Contact Information

If you have any questions about these Terms, please contact us:

18. Acknowledgment

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please discontinue use of our Service immediately.