Terms of service
Last updated: [DATE]
1. Agreement
These terms are between you and Tahr Inc., doing business as Perfs ("we", "us"). By creating a Perfs account or using the service, you agree to them. If you're accepting on behalf of a company, you're confirming you have authority to bind that company, and "you" means the company.
2. What the service is
Perfs is a hosted 360-degree performance review tool. You create review cycles, invite the people in your organization to give and receive feedback, and release results. We may change or improve features over time; we won't materially reduce what you've paid for during a cycle you've already opened.
3. Your account
Accounts are accessed by emailed sign-in link. We don't store passwords. Anyone with access to an account email address can sign in, so keep those addresses secure and remove people from your roster promptly when they leave. Tell us at security@runperfs.com if you believe an account has been accessed without authorization.
4. Your data is yours
You own everything you and your people put into Perfs — rosters, review content, org structure, and results. You grant us only the limited rights we need to host, transmit, back up, display, and secure that data in order to provide the service. We claim no other rights to it. We will not use your review content to train models, build datasets, or develop products for other customers.
5. Acceptable use
Don't use Perfs to break the law, to harass anyone, to upload malware, to attempt to access another customer's data, or to resell the service. You're responsible for making sure your use of Perfs complies with the employment and privacy laws that apply to your organization, including telling your employees what data you're collecting about them.
6. Fees
Perfs is billed per employee, per review cycle. Prices are listed on our pricing page. Payment is due before a cycle opens; a cycle can't be opened until payment covering the roster is complete.
There are no annual contracts and no minimum commitment. You pay for cycles you run.
Because a cycle sends emails and collects feedback the moment it opens, fees for an opened cycle are non-refundable. If something goes wrong on our end, email us — we'll make it right.
We may change prices with 30 days' notice. A price change never affects a cycle you've already paid for.
7. Term and termination
You can stop using Perfs at any time; there's nothing to cancel between cycles. You can ask us to close your account and delete your data by emailing hello@runperfs.com.
We may suspend or terminate an account that violates section 5, or that has unpaid fees, after giving you notice and a reasonable chance to fix it.
8. Getting your data out
You can export your review data from Perfs at any time in a standard machine-readable format, at no charge. Your data stays available for export for 30 days after your account closes. If you need it in another form, ask and we'll help.
9. Confidentiality
Review content is sensitive. We treat it as confidential and won't disclose it to anyone outside our subprocessors, except where you direct us to or the law requires it. If we receive a legal demand for your data, we'll tell you before responding unless we're legally prohibited from doing so.
10. Warranties and disclaimer
We provide Perfs "as is". We work hard to keep it available and correct, but we don't warrant that it will be uninterrupted or error-free. To the fullest extent allowed by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Perfs is a tool for collecting and organizing feedback. It doesn't make employment decisions, and nothing it outputs is advice about how to make one. Decisions about compensation, promotion, or termination are yours.
11. Limitation of liability
To the fullest extent allowed by law, neither party is liable for indirect, incidental, special, or consequential damages, or for lost profits or lost data. Our total liability for any claim relating to the service is limited to the amount you paid us in the twelve months before the claim arose.
12. Indemnity
You'll defend and indemnify us against third-party claims arising from your use of Perfs in violation of these terms or applicable law, including claims by your own employees relating to data you chose to collect.
13. Governing law
These terms are governed by the laws of the State of California, without regard to conflict of laws rules. Any dispute will be brought in the state or federal courts located in Los Angeles County, California, and both parties consent to that jurisdiction.
14. Changes to these terms
We may update these terms. If a change is material, we'll email account administrators at least 30 days before it takes effect. Continuing to use Perfs after that means you accept the change.
15. Contact
Tahr Inc. dba Perfs, [BUSINESS ADDRESS] — hello@runperfs.com
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