Terms of Service

Welcome to Perfo Review. By accessing or using our services, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By accessing or using Perfo Review's services ("Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our Services.

These Terms apply to all users of the Services, including without limitation users who are browsers, customers, merchants, vendors, and/or contributors of content.

2. Description of Services

Perfo Review provides a cloud-based performance review and feedback management platform that enables organizations to:

• Conduct 360-degree performance reviews
• Collect anonymous feedback from team members
• Manage review cycles and evaluation criteria
• Generate analytics and insights on team performance
• Facilitate continuous feedback and growth conversations

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Types

Perfo Review offers different account types including individual accounts, team accounts, and enterprise accounts. Each account type may have different features, limitations, and pricing as described on our website.

4. Subscription and Payment Terms

4.1 Pricing

Subscription fees are charged based on the plan selected and the number of active users. Current pricing is available at perforeview.com/#pricing. We reserve the right to modify pricing with 30 days' notice.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by law. We use third-party payment processors and do not store your payment card information.

4.3 Free Trial

We may offer a free trial period. At the end of the trial, you will be automatically enrolled in the paid subscription unless you cancel before the trial ends. No charges will be made without your explicit consent to subscribe.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial months.

5. User Content and Data

5.1 Your Content

You retain all rights to the content you submit to the Services ("User Content"). By submitting User Content, you grant Perfo Review a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Services.

5.2 Data Ownership

Your organization's data, including employee information, reviews, and feedback, remains your property. We act as a data processor on your behalf. You are responsible for ensuring you have the necessary rights and consents to submit data to our Services.

5.3 Data Retention

We retain your data for as long as your account is active. Upon account termination, we will retain your data for 30 days, after which it will be permanently deleted unless required by law or requested otherwise.

6. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Transmit any harmful, threatening, abusive, or otherwise objectionable content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Collect or harvest any information from other users without consent
• Use the Services for any purpose other than their intended business purpose
• Resell, sublicense, or provide access to the Services to third parties without authorization

7. Intellectual Property

7.1 Our Rights

The Services, including all content, features, and functionality, are owned by Perfo Review, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademark

"Perfo Review," our logo, and other marks are trademarks of Perfo Review, Inc. You may not use our trademarks without prior written permission.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by us without any obligation to you.

8. Third-Party Services

The Services may integrate with or contain links to third-party services. We are not responsible for the content, privacy practices, or availability of such third-party services. Your use of third-party services is at your own risk and subject to their terms.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure. We are not responsible for any actions taken based on the feedback or data provided through the Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFO REVIEW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Perfo Review and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services or violation of these Terms.

12. Modifications to 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 and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination will survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Perfo Review regarding the Services.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

For questions about these Terms, please contact us at:

• Email: legal@perforeview.com
• Address: Perfo Review, Inc., 123 Innovation Way, San Francisco, CA 94105, United States