Terms of Use

Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Perform360.ai, LLC (“Perform360,” “we,” “us,” or “our”) governing your access to and use of our website and services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

Use of Our Services

Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our services. By using our services, you represent and warrant that you meet these requirements.

Account Registration

To access certain features of our services, you may need to create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities that occur under your account

Acceptable Use

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or unlawful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Engage in any fraudulent or deceptive practices
• Use automated tools to access our services without permission

Intellectual Property

Our Content

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio, video, software, and data compilations, are the exclusive property of Perform360 or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or internal business purposes, subject to these Terms.

Your Content

You retain ownership of any content you submit through our services. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with providing our services.

Subscription and Payment

If you subscribe to our paid services:

• You agree to pay all applicable fees as described at the time of purchase
• Subscriptions automatically renew unless cancelled before the renewal date
• We may change our pricing with reasonable notice to you
• Refunds are provided in accordance with our refund policy

Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORM360 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Perform360 and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of our services or violation of these Terms.

Termination

We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use our services will immediately cease.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Perform360 regarding the use of our services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent.

Contact Us

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

Perform360.ai, LLC
Email: legal@perform360.ai