Table of Contents

TERMS AND CONDITIONS OF USE

Last updated: September 12, 2024

Please read these terms and conditions carefully before using Perpetual Intelligence® L.L.C. ("Company," "we," "us," or "our") managed services, cross-platform frameworks, and developer tools.

Interpretation and Definitions

Interpretation

Words with initial capitalization have specific meanings defined under the following conditions. These definitions apply regardless of whether they appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

  • Application: The software program, frameworks, application libraries, software packages, associated documentation, and any upgrades, modified versions, bug fixes, additions, and improvements provided by the Company, downloaded by the Client on any electronic device.
  • Application Store: The digital distribution service operated by Apple Inc. (Apple App Store), Google Inc. (Google Play Store), Microsoft Corporation (Microsoft Commercial Marketplace, NuGet Package Manager, GitHub), or Amazon.com (AWS Marketplace) where the Application has been downloaded.
  • Account: A unique account created for the Client to access our Service or parts of our Service.
  • Country: Refers to the United States.
  • Company: Refers to Perpetual Intelligence® L.L.C. ("Company," "we," "us," or "our"), 2372 Morse Ave #1006, Irvine, CA 92614, United States.
  • Content: Content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by the Client, regardless of the form of that content.
  • Device: Any device that can access the Service, such as a computer, cellphone, or digital tablet.
  • Service: Refers to the Application, the Website, or both.
  • Subscriptions: The services or access to the Service offered on a subscription basis by the Company to the Client.
  • Terms and Conditions (also referred to as "Terms"): These Terms and Conditions form the entire agreement between the Client and the Company regarding the use of the Service.
  • Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website: Refers to Perpetual Intelligence® L.L.C., accessible from https://www.perpetualintelligence.com, and any sub-domains of the Website.
  • Client: The individual or entity accessing or using the Service ("you," "your," "user", "developer"), or the company or other legal entity on whose behalf such access or use is made.

Acknowledgment

These Terms and Conditions govern the use of this Service and the agreement that operates between the Client and the Company. They set out the rights and obligations of all users regarding the use of the Service.

The Client’s access to and use of the Service is conditioned on the Client’s acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, the Client agrees to be bound by these Terms. If the Client disagrees with any part of these Terms, then the Client may not access the Service.

The Client represents that they are over the age of 18. The Company does not permit those under 18 to use the Service.

The Client’s use of the Service is subject to the Company’s Privacy Policy. The Privacy Policy explains how we collect, use, and disclose the Client’s personal information, as well as the Client’s privacy rights and legal protections. Please read our Privacy Policy carefully before using the Service.

Discontinuation of Service

The Client acknowledges and agrees that Perpetual Intelligence® L.L.C. may stop (permanently or temporarily) providing the Site or Services (or any features within the Services) to the Client or to users generally at Perpetual Intelligence® L.L.C.’s sole discretion, without prior notice to the Client. The Client may stop using the Services at any time. The Client does not need to specifically inform Perpetual Intelligence® L.L.C. when the Client stops using the Services. The Client acknowledges and agrees that if Perpetual Intelligence® L.L.C. disables access to the Client's account, the Client may be prevented from accessing the Services, account details, or any files or other materials contained in the account, subject to applicable laws.

Restrictions on Access and Usage

The Client agrees not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Perpetual Intelligence® L.L.C., unless the Client has been specifically allowed to do so in a separate agreement with Perpetual Intelligence® L.L.C. The Client agrees not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless specifically permitted in a separate agreement with Perpetual Intelligence® L.L.C., the Client agrees not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. The Client agrees that they are solely responsible for (and that Perpetual Intelligence® L.L.C. has no responsibility to the Client or to any third party for) any breach of obligations under these Terms and for the consequences (including any loss or damage which Perpetual Intelligence® L.L.C. may suffer) of any such breach.

Subscriptions

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. The Client will be billed in advance on a recurring and periodic basis (such as monthly, or annually), depending on the type of Subscription plan selected when purchasing the Subscription.

At the end of each period, the Subscription will automatically renew under the exact same conditions unless the Client cancels it or the Company cancels it.

Subscription Cancellations

The Client may cancel the Subscription renewal either through the Account settings page or by contacting the Company. No refund will be provided for the fees already paid for the current Subscription period, and the Client will be able to access the Service until the end of the current Subscription period.

If the Subscription has been made through an In-app Purchase, the Client can cancel the renewal of the Subscription with the Application Store.

Billing

The Client shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that the Client must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide the Client with reasonable prior notice of any change in Subscription fees to give the Client an opportunity to terminate the Subscription before such change becomes effective.

Continued use of the Service after the Subscription fee change comes into effect constitutes agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app Purchase, the Application Store's refund policy will apply. If the Client wishes to request a refund, the Client may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

The Client may be required to enter billing information in order to sign up for the Free Trial.

If billing information is entered when signing up for a Free Trial, the Client will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless the Client cancels the Subscription, the Client will be automatically charged the applicable Subscription fees for the selected Subscription.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Application Store Purchases (In-app Purchases)

The Company may offer purchases for products, services, or Subscriptions, which are managed through the Application Store where the Application was downloaded. All billing and transaction processes are governed by the Application Store's terms and conditions.

In-app Purchases are non-refundable and cannot be canceled once the download has been initiated. They are for use within the Application only and cannot be redeemed for cash or transferred.

If an In-app Purchase fails to download or function properly, the Company will, upon notification, investigate the issue and may, at its discretion, provide a replacement or repair. If the issue cannot be resolved within a reasonable time, the Company may authorize the Application Store to issue a refund. For any payment-related issues, the Client must contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If the Client participates in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When the Client creates an account with Us, the Client must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of the Client's account on Our Service.

The Client is responsible for safeguarding the password that is used to access the Service and for any activities or actions under the password, whether the password is with Our Service or a Third-Party Social Media Service.

The Client agrees not to disclose the password to any third party. The Client must notify Us immediately upon becoming aware of any breach of security or unauthorized use of the Client's account.

The Client may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the Client without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Content

The Client's Right to Post Content

Our Service allows the Client to post Content. The Client is responsible for the Content that is posted to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, the Client grants Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. The Client retains any and all rights to any Content submitted, posted, or displayed on or through the Service, and the Client is responsible for protecting those rights. The Client agrees that this license includes the right for Us to make the Client's Content available to other users of the Service, who may also use the Client's Content subject to these Terms.

The Client represents and warrants that: (i) the Content is owned by the Client or the Client has the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of the Client's Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

Content Restrictions

The Company is not responsible for the content of the Service's users. The Client expressly understands and agrees that they are solely responsible for the Content and for all activity that occurs under the Client's account, whether done so by the Client or any third person using the Client's account.

The Client may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine-generated or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if the Client posts such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Service, the Client agrees to use the Service at their own risk. The Client understands that by using the Service, they may be exposed to content that they may find offensive, indecent, incorrect, or objectionable, and agrees that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But the Client acknowledges that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

The Client agrees to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If the Client is a copyright owner, or authorized on behalf of one, and believes that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, the Client must submit a notice in writing to the attention of our copyright agent via email at disputes@perpetualintelligence.com and include in the notice a detailed description of the alleged infringement.

The Client may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing their copyright.

The Client may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that is claimed to have been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that is claimed to be infringing is located.
  • The Client's address, telephone number, and email address.
  • A statement by the Client that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by the Client, made under penalty of perjury, that the above information in the notice is accurate and that they are the copyright owner or authorized to act on the copyright owner's behalf.

The Client can contact our copyright agent via email at disputes@perpetualintelligence.com.

Upon receipt of a notification, the Company will take action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by the Client or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

The Client's Feedback to Us

The Client assigns all rights, title, and interest in any Feedback provided to the Company. If for any reason such assignment is ineffective, the Client agrees to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Client further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise the Client to read the terms and conditions and privacy policies of any third-party web sites or services visited.

Termination

We may terminate or suspend the Client's Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Client breaches these Terms and Conditions.

Upon termination, the Client's right to use the Service will cease immediately. If the Client wishes to terminate their Account, they may simply discontinue using the Service.

Limitation of Liability

NOTWITHSTANDING ANY DAMAGES THAT THE CLIENT MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS AND THE CLIENT'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT OF $100 (USD).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.

"AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED TO THE CLIENT "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET THE CLIENT'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE CLIENT. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

Governing Law

This Agreement is governed by the laws of California, United States. Any disputes arising from this Agreement will be resolved in the federal or state courts located in California.

Disputes Resolution

IF THE CLIENT HAS ANY CONCERN OR DISPUTE ABOUT THE SERVICE, THEY AGREE TO FIRST TRY TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING THE COMPANY.

For European Union (EU) Users

If the Client is a European Union consumer, they will benefit from any mandatory provisions of the law of the country in which they are resident.

United States Federal Government End Use Provisions

If the Client is a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

The Client represents and warrants that (i) they are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) they are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

IF ANY PROVISION OF THESE TERMS IS HELD TO BE UNENFORCEABLE OR INVALID, SUCH PROVISION WILL BE CHANGED AND INTERPRETED TO ACCOMPLISH THE OBJECTIVES OF SUCH PROVISION TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW AND THE REMAINING PROVISIONS WILL CONTINUE IN FULL FORCE AND EFFECT.

Waiver

EXCEPT AS PROVIDED HEREIN, THE FAILURE TO EXERCISE A RIGHT OR TO REQUIRE PERFORMANCE OF AN OBLIGATION UNDER THESE TERMS SHALL NOT AFFECT A PARTY'S ABILITY TO EXERCISE SUCH RIGHT OR REQUIRE SUCH PERFORMANCE AT ANY TIME THEREAFTER NOR SHALL THE WAIVER OF A BREACH CONSTITUTE A WAIVER OF ANY SUBSEQUENT BREACH.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to the Client on our Service. The Client agrees that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company's sole discretion.

By continuing to access or use Our Service after those revisions become effective, the Client agrees to be bound by the revised terms. If the Client does not agree to the new terms, in whole or in part, they must stop using the website and the Service.

Contact Us

If the Client has any questions about these Terms and Conditions, they can contact us:

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