Terms of Service

1. This Service

Perpetto (Service) is provided by Perpeto BG LTD (us, we, Perpeto) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms of Service.

 

2. Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms of Service.

 

3. Registration and Account Integrity

3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.

3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

 

4. Pricing, Plans and Features

4.1 For current pricing and plans please see the pricing page located on our website.

4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

 

5. Payments, Invoicing, Credit Control

5.1 All services are billed monthly (after 30 days from your trial period or after 30 days from your last bill) and are based on the number of visits to your site according to our Service in the prior 30 days.

5.2 Invoice will be sent to your e-mail right after we receive your payment.

5.3 If you upgrade from a free or trial account you will be charged for the necessary full account at the end of 30 days after your trial has started. Your monthly payment will be due from that date each month onwards.

5.4 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

5.5 It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.

5.6 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts and the Service may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

 

6. Renewals and Cancellation

6.1 Your account will renew (and therefore we’ll charge your credit cart) every month as indicated on the Billing page in your account’s Settings panel.

6.2 You many cancel your account or accounts at any time.

6.3 Cancellation can be done by emailing our Support at support@perpetto.com.

6.4 After cancellation, Perpetto keeps the right to charge your credit card for the period after the last payment if Perpetto scripts are still installed on your website and it is sending data to our servers.

6.4 For monthly accounts, where , no refunds are available.

6.5 For 12-month accounts (where offered) a refund will be offered for all complete remaining months of the Service not used. No refund will be offered for days remaining in the month of cancellation.

 

7. Upgrading or Downgrading Accounts

7.1 The Service is based on the number of visitors of your website and thus has no account types to upgrade or downgrade from or to.

 

8. Trial and Offer Periods

8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

8.2 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

8.3 These Terms and Conditions apply to all trial or offer period accounts.

8.4 For the length of the trial period please refer to our pricing page.

 

9. Technical Support

9.1 Technical support is provided via email and such other means as we decide in order to provide a proper Service to users.

9.2 We reserve the right not to provide a full technical support Service to free or trial account users.

 

10. Specific Service Rules

10.1 As a user you agree not to do any of the following:

  1.  Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
  2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
  3. Use or harvest data provided by other users in a way that they would object to.
  4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
  5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
  6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
  7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
  9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
  10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
  11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
  12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

10.2 If you breach these Terms of Service by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of 50EUR for each and every individual email or other communication sent to a user or third party.

10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

 

11. Content & Data Ownership

11.1 As a user you retain all ownership rights to content and data provided by you or your website.

11.2 You warrant that any content and data provided by you does not belong to a third party whose rights have been violated by the content or data being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.

11.3 As a user you acknowledge that Perpeto BG may use collected anonymized data to for providing the Service to you and to Perpeto’s other in accordance with Perpeto’s data privacy policy.

 

12. Termination

12.1 We may terminate your user account and all content and materials associated with it at any time where these Terms of Service have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

12.2 Various clauses within these Terms of Service are designed to survive and continue after termination, including (but not limited to) clause 11.

 

13. Access and Performance

13.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.

 

14. Disclaimer

14.1 We are not responsible for the accuracy of any content on the Service.

14.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

 

15. Limitation of Liability

15.1 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.

 

16. Indemnity

16.1 You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms of Service whilst using the Service or any other service provided by us.

 

17. Privacy

17.1 Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference.

 

18. Severability

18.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms of Service shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

18. Waiver

18.1 Failure by us to enforce any accrued rights under these Terms of Service is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

 

19. Jurisdiction

These Terms of Service shall be interpreted, construed and enforced in accordance with Bulgarian law and shall be subject to the exclusive jurisdiction of the Bulgarian Courts.

 

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