Perk Solutions — Terms of Service

Effective Date: July 27, 2026

These Terms of Service (the "Terms") are a binding agreement between Perk Solutions ("Perk Solutions," "we," "us," or "our") and the business or individual accessing the Perk Solutions Client Portal at https://perksolutions.app (the "Service") ("Client," "you," or "your"). The Service is a client portal through which clients of Perk Solutions' web design, development, and maintenance services track project deliverables, receive updates, exchange files and comments, view communication logs and calendars, and manage billing.

By creating an account, accepting an invitation, or using the Service, you agree to these Terms and to our Privacy Policy (https://perksolutions.app/privacy), which is incorporated by reference. If you use the Service on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company. If you do not agree, do not use the Service.

You must be at least 18 years old and using the Service for business purposes.

1. The Service; License and Access

1.1 License. Subject to these Terms and payment of applicable fees, Perk Solutions grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your engagement with Perk Solutions, solely for your internal business purposes.

1.2 Accounts and seats. Access is by invitation. Unless otherwise agreed in writing, each client workspace is provisioned with one (1) user account. Additional seats require our prior written approval. You are responsible for maintaining the confidentiality of credentials and for all activity under your account. Sharing credentials with unauthorized persons is prohibited. Notify us immediately of any suspected unauthorized access.

1.3 Restrictions. You will not, and will not permit anyone to: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law; (c) rent, lease, sell, sublicense, or provide the Service to third parties as a service bureau; (d) circumvent or probe security or access controls, or access another client's workspace or data; (e) use automated means (bots, scrapers, crawlers) to access the Service except through interfaces we provide; (f) interfere with or disrupt the integrity or performance of the Service; or (g) use the Service to build a competing product.

1.4 Changes to the Service. We may improve, modify, or discontinue features of the Service. If we materially reduce core functionality you are paying for, you may terminate under Section 9 and receive a pro-rata refund of prepaid, unused fees for the affected period.

2. Acceptable Use Policy

You agree not to use the Service to:

(a) violate any applicable law or regulation, or promote illegal activity; (b) upload, store, or transmit content that infringes any intellectual-property, privacy, or publicity right of any person; (c) upload or transmit viruses, malware, or other malicious code, or files designed to disrupt or damage systems or data; (d) send spam or unsolicited communications, or use the Service to harass, defame, threaten, or abuse any person; (e) upload content that is unlawful, obscene, or that you do not have the right to share; (f) misrepresent your identity or affiliation, or impersonate any person; (g) upload data you are not lawfully permitted to process, including third-party personal information without a lawful basis, or any data subject to heightened regulation (e.g., protected health information, cardholder data outside Stripe's checkout, or export-controlled data) without our prior written agreement; or (h) exceed reasonable usage volumes or attempt to bypass technical limits (including file-size limits).

We may investigate suspected violations and may remove content that violates this Section. We will notify you of removals unless legally prohibited.

3. Fees, Billing, and Payment

3.1 Fees. Fees for services are as agreed between you and Perk Solutions (for example, a monthly retainer and/or one-off invoices). All fees are stated and payable in U.S. dollars.

3.2 Payment processing. Payments are processed by Stripe. By providing a payment method, you authorize us and Stripe to charge it for recurring subscription fees and any invoices you approve for payment. You must keep your billing information current.

3.3 Recurring billing. Monthly retainers renew automatically each billing cycle until canceled. You may manage your payment method, and cancel the retainer, through the Stripe billing portal accessible from the Service, or by written notice to us. Cancellation takes effect at the end of the then-current billing period.

3.4 One-off invoices. Unless otherwise stated on the invoice, one-off invoices are due within fourteen (14) days of issuance.

3.5 Fee changes. We may change recurring fees with at least thirty (30) days' prior written notice; changes take effect at your next billing cycle after the notice period. Your continued use after the effective date constitutes acceptance; otherwise you may cancel before the change takes effect.

3.6 Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes, excluding taxes on our net income.

3.7 Late and delinquent accounts. Amounts more than 15 days overdue may accrue interest at 1.5% per month (or the maximum lawful rate, if lower) plus reasonable costs of collection. We may suspend access to the Service for accounts more than 30 days overdue after at least 7 days' notice, and suspension does not relieve your payment obligations.

3.8 Refunds. Except as expressly stated in these Terms (Sections 1.4 and 9.4) or required by law, fees are non-refundable. Work already performed under a retainer or invoice is non-refundable.

3.9 Chargebacks. Initiating a chargeback for a legitimately owed charge is a material breach. Contact us first to resolve billing disputes.

4. Your Data; Intellectual Property

4.1 Your data is yours. As between the parties, you retain all right, title, and interest in and to the data, files, and content you or your users submit to the Service ("Client Data"). You grant Perk Solutions a limited, worldwide, non-exclusive license to host, copy, process, transmit, display, and back up Client Data solely to provide and secure the Service, to comply with law, and as otherwise instructed by you.

4.2 Your responsibilities for Client Data. You represent and warrant that you have all rights and lawful bases necessary for the Client Data you submit and its processing by us, and that Client Data does not violate Section 2.

4.3 Our IP. Perk Solutions and its licensors retain all right, title, and interest in and to the Service, including all software, code, design, interfaces, documentation, and trademarks, and all improvements thereto. No rights are granted except as expressly set out in these Terms. Deliverables produced under a separate services engagement (e.g., your website) are governed by that engagement's terms.

4.4 Aggregated data. We may generate and use aggregated, de-identified data derived from use of the Service (e.g., feature-usage statistics) for improving and marketing the Service, provided it does not identify you, any user, or any Client Data.

4.5 Feedback. If you provide suggestions or feedback, we may use them without restriction or obligation, and you assign to us all rights in resulting improvements to the Service.

5. Service Levels, Maintenance, and Backups

5.1 Availability. We target high availability but the Service is provided without a guaranteed uptime commitment. We are not liable for unavailability caused by scheduled maintenance, emergency maintenance, or factors outside our reasonable control.

5.2 Maintenance. We may perform scheduled maintenance (and will attempt to schedule it outside U.S. business hours) and emergency maintenance at any time.

5.3 Backups and disaster recovery. The Service's underlying infrastructure maintains routine backups retained on a rolling basis of approximately 30 days. Backups are maintained for disaster recovery of the Service as a whole and are not a substitute for your own copies: we do not guarantee restoration of individual items you delete, and workspace deletion (Section 9.5) is permanent. You are responsible for retaining independent copies of files critical to your business.

5.4 Force majeure. Neither party is liable for failure or delay (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, or failures of third-party hosting, authentication, or payment providers, provided the affected party uses reasonable efforts to mitigate.

6. Confidentiality

Each party may receive non-public information of the other ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and contractors bound by comparable obligations, or as required by law with prompt notice where permitted. Confidential Information excludes information that is public through no fault of the receiver, independently developed, or rightfully received from a third party.

7. Warranties and Disclaimers

7.1 Mutual. Each party represents that it has the legal power to enter into these Terms.

7.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERK SOLUTIONS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT DATA WILL NEVER BE LOST. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR MAINTAINING COPIES OF CRITICAL DATA.

8. Limitation of Liability; Indemnification

8.1 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

8.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERK SOLUTIONS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU PAID TO PERK SOLUTIONS FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8.3 Exceptions. The exclusions and cap do not apply to: (a) your payment obligations; (b) your breach of Section 2 (Acceptable Use) or 4.2; (c) a party's gross negligence, fraud, or willful misconduct; or (d) liability that cannot be limited under applicable law.

8.4 Indemnification by you. You will defend, indemnify, and hold harmless Perk Solutions and its owners, employees, and contractors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client Data, including any claim that it infringes or misappropriates third-party rights or was collected or processed unlawfully; (b) your breach of these Terms, including the Acceptable Use Policy; or (c) your use of the Service in violation of law. We will promptly notify you of any claim and reasonably cooperate at your expense; you may not settle a claim imposing obligations on us without our consent.

9. Term, Suspension, and Termination

9.1 Term. These Terms apply from your first acceptance or use and continue until terminated.

9.2 Termination by you. You may stop using the Service and terminate at any time by written notice, subject to payment of amounts owed for services already rendered and the then-current billing period.

9.3 Suspension and termination by us. We may suspend or terminate your access immediately, with notice, if: (a) you materially breach Section 2 (Acceptable Use) or Section 1.3 (Restrictions); (b) your account is delinquent as described in Section 3.7; (c) your use poses a security risk to the Service or any third party; or (d) required by law. Where practicable for curable breaches, we will provide 7 days' notice and an opportunity to cure before termination. We may also terminate for convenience upon 30 days' written notice at the conclusion of a services engagement.

9.4 Refund on our convenience termination. If we terminate for convenience (not for cause), we will refund any prepaid, unused fees for the remainder of the billing period.

9.5 Data extraction and deletion. Upon termination or expiration, you will have a thirty (30) day window to request an export of your Client Data (files and a machine-readable export of structured content), unless we terminated for your material breach involving unlawful activity. After the extraction window, we may permanently delete the workspace and Client Data, except for records we must retain by law (e.g., billing records) and residual copies in backups that expire on the normal backup rotation (approximately 30 days).

9.6 Survival. Sections 3 (amounts accrued), 4.3–4.5, 6, 7, 8, 9.5–9.6, and 10–11 survive termination.

10. Dispute Resolution; Governing Law

10.1 Informal resolution first. Before filing any claim, the party asserting a dispute will send written notice describing it, and the parties will attempt in good faith to resolve it within 30 days.

10.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, conducted in English. The arbitration will be held in Illinois, or remotely by videoconference if both parties agree or the arbitrator so orders. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees except where the arbitrator awards them under applicable law.

10.3 Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or Confidential Information, or unauthorized access to the Service.

10.4 Class action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.

10.5 Governing law and venue. These Terms are governed by the laws of the State of Illinois, USA, without regard to conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Sections 10.2–10.4, the state and federal courts located in Illinois will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

11. General

11.1 Entire agreement; order of precedence. These Terms, the Privacy Policy, and any written services agreement between you and Perk Solutions constitute the entire agreement regarding the Service and supersede all prior or contemporaneous understandings. If a signed services agreement conflicts with these Terms, the signed agreement controls for that conflict.

11.2 Changes to these Terms. We may update these Terms from time to time. Material changes will be notified by email and/or in-Service notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance; if you object, your remedy is to stop using the Service and terminate under Section 9.2.

11.3 Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets with notice to us. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

11.4 Notices. Notices to us must be sent to perkowskibuisness@gmail.com. Notices to you will be sent to your account email and are deemed given when sent.

11.5 Severability; waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain in effect. Failure to enforce a provision is not a waiver.

11.6 Independent contractors. The parties are independent contractors; these Terms create no partnership, joint venture, or agency.

11.7 Export and sanctions. You represent that you are not located in an embargoed jurisdiction or on any restricted-party list, and you will comply with applicable export laws.

11.8 Headings. Headings are for convenience only.

Perk Solutions Email: perkowskibuisness@gmail.com https://perksolutions.app