Updated Feb 2024

Use of Site and our Service

THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") ESTABLISHES THE TERMS AND CONDITIONS THAT APPLY TO ALL END USERS (EACH AND COLLECTIVELY, "YOU", "YOUR", OR "USER") OF THE SITE AND/OR SERVICE (EACH AS DEFINED BELOW). BY USING THIS SITE AND/OR SERVICE, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THIS SITE AND/OR SERVICE IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY PERSPECT. ("PERSPECT", "WE", "OUR", OR "US") AT ANY TIME. YOUR CONTINUED USE OF THE SITE AND/OR SERVICE AFTER THE MODIFICATION OF THIS AGREEMENT MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THIS AGREEMENT EACH TIME YOU ACCESS THE SITE AND/OR SERVICE IN ORDER TO VIEW ANY CHANGES TO THIS AGREEMENT. THIS AGREEMENT WAS LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

The term "Site" shall mean: Perspect's website located at perspect.xyz, plug-ins, extensions, mobile applications, and tablet computer applications (individually and collectively, the "Site"). The term "Service" shall mean: use of the Internet web pages and mobile application pages, plug-ins, extensions, data, analyses, screens, reports, documentation and other information of any kind that are accessible through the Site, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein.

Subject to the terms and conditions of this Agreement, Perspect hereby grants to each User a limited revocable, non-exclusive, non-transferable license to access and use the Site and/or the Service. Perspect reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Site or Service (or any portion thereof); and (ii) modify or discontinue providing the Site or Service (or any portion thereof).

Your Perspect Account

If you create an account on the Site, you are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Perspect immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@perspect.xyz. You are responsible for all use of the Site or Service occurring under your account. Perspect will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Intellectual Property

This Agreement does not transfer from Perspect to you any Perspect or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Perspect. Perspect, the Perspect logo, and all other trademarks, service marks, graphics and logos used in connection with Perspect, the Site, or the Service are trademarks or registered trademarks of Perspect. Other trademarks, service marks, graphics and logos used in connection with the Site or Service may be the trademarks of other third parties. Your use of the Site or Service grants you no right or license to reproduce or otherwise use any Perspect or third-party trademarks.

Your Responsibilities

You may use the Site and/or the Service solely for lawful purposes. You may not use the Site and/or the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and/or the Service. We want to keep Perspect safe for everyone. You agree to notify Perspect immediately if you gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. We appreciate your help in responsibly disclosing security vulnerabilities to us. Without limiting any of the foregoing, you expressly agree that you shall not (and you agree not to allow any third party to):

1. Use, copy, install, transfer or distribute the Site and/or Service, except as specifically permitted by this Agreement;
2. Install, transfer or distribute the Site and/or Service to a third party without their knowledge, for example: installing the Site and/or Service on an employee computer for the purpose of employee monitoring without their knowledge or consent;
3. Remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained through the Site or the use of the Service;
4. Create user accounts by automated means or under false or fraudulent pretenses;
5. Express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
6. Transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party;
7. Use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service in violation of our or any third party's intellectual property or other proprietary or legal rights.

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce this Agreement. Our policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy. By accepting this Agreement, you acknowledge your agreement with our Privacy Policy.

Disclaimer of Warranties

The Site is provided "as is". Perspect and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Perspect nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.

Limitation of Liability

In no event will Perspect, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Perspect under this agreement.

Perspect shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Perspect, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Perspect and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Perspect, or by the posting by Perspect of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Utah.