Terms of Service - Percofect

Terms of Service

This Agreement (“Agreement”) is a legally binding contract between the user of the Services (“User” or “you”) and Pecrofect, Teachboost Sp. z O.O. registered in street Hoża, No. 86, Apt/Room 210, 00-682, Warsaw, Poland, registration number 525550719 (“Pecrofect,” “we,” or “us”). By registering for the Services or by accessing or using the Services or Website available at  https://percofect.com/, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Agreement is a contract between you and Pecrofect, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Please be aware that all images on Percofect are for illustration purposes and do not depict our actual employees, office, or facilities.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.

1. SERVICE

1.1 Definitions

1. Services

The “Services” encompass a comprehensive suite of online marketing and management tools designed for search engine optimization (“SEO”) and digital marketing. These tools are accessible through our website at  https://percofect.com/ or any other URL we designate (referred to as the “Website”). The Services provided on the Website include but are not limited to tools for research and analysis, link building, campaign management, automated tracking of search engine performance, analytics and conversion tracking, SEO reports, and content management instruments.

2. Updates and Additional Services

The Services encompass all updates, modifications, and enhancements that Pecrofect makes generally available to its users at no additional cost (“Updates”). All Updates are subject to the terms and conditions specified in this Agreement.

You may also be able to use additional products and services Pecrofect provides. These offerings shall be governed by the terms outlined in this Agreement, including any supplementary terms applicable to such products and services. Alternatively, separate terms and conditions may apply to certain additional products and services, which you must accept before using them. In cases where certain terms and conditions exist, those specific terms shall apply to the respective services, which will continue to govern such additional usage.

3. Third-Party Websites and Services

Our Services and this Website may provide links to third-party websites (“Third-Party Sites”) related to the analytics tools we reference. These links are specifically associated with analytics functionalities and are offered for your convenience and informational purposes only. Pecrofect is not responsible for the content available on any Third-Party Sites, and linking to or giving access to such sites does not imply our endorsement of their content or information. Pecrofect does not monitor your interaction with these Third-Party Sites and assumes no responsibility for your use of them. We encourage you to review any terms and privacy policies they may have.

2. DISPUTE RESOLUTION by BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You agree to make a good-faith effort to resolve any dispute or claim that may arise between you and us relating in any way to these Terms or your use of the Services or Website (referred to as a “Claim”) through consultations between the parties. These consultations will commence upon written notice from any party to the other (called the “Consultation Notice”). The Consultation Notice must describe the nature and basis of the Claim and detail the specific relief sought (“Demand”). If a Claim cannot be resolved within thirty (30) days after receipt of the Consultation Notice, any party to the consultations may initiate arbitration proceedings by providing written notice to the other party following this Section 2. Please send any message to us at [email protected] (“Notice Address”).

You agree to arbitrate all Claims that cannot be amicably resolved as per the preceding paragraph. This arbitration agreement is intended to have a broad scope and includes, but is not limited to, claims arising from any aspect of your relationship with us, whether grounded in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Additionally, it covers claims that could potentially be filed as class action Claims (and you agree to waive the right to participate in a class action, as outlined in this Section 2). It is essential to clarify that references in this Section 2 to “Site operator,” “we,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorised or unauthorised users or beneficiaries of the Services or information available through the use of the Site.

This arbitration agreement does not prevent you from pursuing an individual action in a small claims court if your claims meet the necessary criteria and as long as the matter remains within the jurisdiction of such a court and proceeds solely on an individual (non-class, non-representative) basis. Furthermore, this arbitration agreement does not prevent you from reporting issues to federal, state, or local agencies

By entering into this arbitration agreement, you and we are waiving our respective rights to a trial by jury or participation in a class or representative action. Arbitration of disputes, according to this Section 2, will be conducted on an individual basis.

THIS MEANS THAT YOU ARE LIMITING YOUR RIGHT TO APPEAL AND WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS COURT ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE, COMBINE, OR PRESIDE OVER OTHER PARTIES ‘ CLAIMS IN A REPRESENTATIVE OR CLASS PROCEEDING.

3. USE of SERVICE

Visitors and Users: You may visit the Website as a visitor without registering. However, to access and utilise the Services, you must register as either a paid or unpaid User. Unpaid Users will have access to limited functionality within the Services (“Unpaid Services”). Paid Users will have access to additional features, including but not limited to reporting and the ability to save preferences and settings (“Paid Services”).

Right to Use Services: Subject to the terms and conditions of this Agreement, Pecrofect grants you permission to access and use the Services and the Website solely for your internal business purposes, following this Agreement and the limitations of the Pricing Plan you choose when using the Services (“Solution”). You can find details of the Solutions page of our Website or another URL specified by us. By registering, you represent and warrant that:

  1. All registration information you provide is accurate and truthful.
  2. You will maintain the accuracy of such information.
  3. You are at least 18 and have the legal capacity and authority to enter this Agreement.
  4. Your use of the Services complies with all applicable laws and regulations.

If you are under 18, you may not register for or attempt to register for the Services.

Restrictions: You may not, directly or indirectly: 

(a) sublicense, resell, rent, lease, transfer, assign, time-share, or commercially exploit the Services or any part thereof; 

(b) use the Services unlawfully or in any manner prohibited by this Agreement, including violating data, privacy, anti-bribery, or export control laws; 

(c) attempt to access or decipher the source code of the Services or the underlying software (except as permitted by law); 

(d) circumvent technical limitations within the Services; 

(e) interfere with or disrupt the integrity, security, functionality, or performance of the Services or its components; 

(f) use the Services in a way that damages or impairs the Website or interferes with other Users’ use of the Services;

(g) create derivative works of the Services; 

(h) access the Services if you are our competitor or use the Services to build a similar or competitive product; 

(i) attempt unauthorised access to the Services or their related systems or networks; or 

(j) use or deploy any automated system, such as “robots,” “spiders,” or “offline readers,” to send more requests to our servers within a specific timeframe than a human could reasonably produce using a standard web browser. You agree to adhere to the Pecrofect Policies related to your Services use. 

You shall promptly notify Pecrofect if you become aware of any unauthorised use or security breach concerning the Services. 

Usage Data: You understand and agree that we may monitor your use of the Services and the usage patterns of all our users. We may use the information collected in an aggregate and anonymous manner. You consent to us using and publishing such aggregated and anonymized information, provided it does not identify you. Additionally, we may utilise the information you submit to improve the Services while maintaining your anonymity.

Access to Beta Versions: Pecrofect may grant you access to new functionality, tools, resources, and related information that are not yet generally available to our users (“Beta Version”). We reserve the right to suspend, limit, or terminate access to a Beta Version anytime. You agree that Beta Versions are confidential information belonging to Pecrofect and agree not to disclose any information about Beta Versions to third parties or use them for any purpose other than internal testing and evaluation, as stipulated by this Agreement. Pecrofect is not obligated to make any portion of a Beta Version generally available in a future Service release. Pecrofect provides no express or implied warranties regarding the performance, availability, functionality, or general waiver of any Beta Version.

Promotional Giveaways: We may periodically offer promotional giveaways of the Services, subject to specific rules announced at the time of such giveaways. You are solely responsible for any income tax obligations arising from such giveaways, and you agree that any winnings are contingent upon submitting all required tax forms in compliance with applicable laws.

Privacy: By using the Services, you authorise us to collect, process, store, use, and transmit your data following our Privacy Policy which is an integral part of this Agreement. If you choose to use Third-Party Services and Products (via API or otherwise), client manager tools, or other tools within Pecrofect Services that provide us access to personal data within your Content, you are considered the data controller of such personal data. In such cases, the Data Processing Agreement (“DPA”) applies to Pecrofect’s processing of this personal data on your behalf. If there is any conflict between this Agreement and the DPA, the DPA shall prevail. You acknowledge that the Services are not designed for processing or managing sensitive information and agree not to use the Services for such purposes. We disclaim any liability arising from your use of the Services for collecting, processing, or managing sensitive information.

Customer Complaint Procedure:

At Percofect, we are committed to providing the highest level of service and ensuring our clients’ satisfaction. If you ever encounter any dissatisfaction related to our services, have feedback to share, or wish to express your opinion as a client, we welcome you to register a complaint. We are here to guide you through the process. Please refer to the instructions below.

Percofect is fully committed to treating you with respect, transparency, and fairness throughout the complaint handling process. We aim to provide a prompt response to address your concerns.

How to lodge a complaint:

Provide Your Information: Please supply your identifying information.

Email: Send your complaint via email to [email protected]
Make sure to include “complaint” and add your order number in the subject line.

Phone: You can also call our support number at +48459568168 between 8 am and 5 pm GMT+2.

Mail: If you prefer, you can send your complaint by regular mail to the following address: Żurawia 6/12, Office 303, 00-503, Warsaw, Poland

4. REGISTRATION and ACCOUNT

Registration: To become a User of Unpaid Services or Paid Services, you must create a user account (“User Account”) by following the registration procedures and instructions on the Website. Creating a User Account is free; however, you must provide billing details to access the extended features offered within the Paid Services. 

User Responsibilities: 

You bear sole responsibility for:

  • Ensuring each Authorised User’s adherence to the terms of this Agreement.
  • Maintaining accurate account information, including a valid email address and billing information if applicable, and keeping this information current as required.
  • Acquiring, maintaining, and supporting, at your own expense, all necessary hardware, software, and services to access the Services. This includes but is not limited to internet service providers, telecommunications providers, and web browsers.
  • Safeguarding the security of a User Account, which encompasses your User login and password. You are responsible for all activities conducted under your User Account. 

5. FEES and PAYMENT

Payments: Users of Paid Services will be subject to the payments specified in the relevant Solution or as mutually agreed upon in a written order document or other written agreement signed by Pecrofect and you (“Payments”). The company offers only annual plans. You agree to make annual advance payment, following your Solution or as arranged between you and us, using a credit card or another payment method accepted on the Website. 

Should you settle payments according to invoicing, you undertake to pay all undisputed invoices by the terms stated in the written ordering document. Failure to pay an invoice grants us the right to terminate your account, access to the Services and tools, and any data linked to your account or the Services. Details of your Solution can be accessed through your User Account. You are solely responsible for any bank fees incurred. Except as otherwise specified in our Cancellation and Refund Policy, all payment obligations are non-cancelable, and Payments are non-refundable. In cases where you exhibit a recurring pattern of signing up for paid Services followed by cancellation and refund requests, we may, at our discretion, withhold further registrations and reject additional refund requests.

Taxes: All Payments are exclusive of applicable taxes, which will be applied as required by law. You commit to settling any taxes associated with your use of the Services, excluding taxes based on our gross revenues or net income. If your location is within the European Union, all Payments exclude VAT, and you affirm that you are registered for VAT purposes in your member state. Upon our request, you will provide us with your VAT registration number. Failure to provide this information before processing your transaction will result in the inability to issue refunds or credits for any charged VAT. If you are subject to GST, all Payments are exclusive of GST. In cases where you are obligated to withhold or deduct any tax, you must pay the deducted or withheld amount as mandated by law, in addition to an extra amount, to ensure we receive full payment as if no deduction or withholding occurred.

Change in Payments: If you are a User of Paid Services, we may modify the Fees and introduce new charges applicable to your use of the Services. These changes will not affect your current plan.The changes will become effective on the plan renewal. We may also adjust the Payments upon notice if we make alterations to the Services at your request.

6. OWNERSHIP and INTELLECTUAL PROPERTY

Proprietary Rights: You acknowledge and agree that all rights, title, and interest in and to the Pecrofect Website and Services, the underlying technology, any modifications, and any work product created in connection with them, as well as all intellectual property rights related to them (including but not limited to patents, copyrights, trademarks, database rights, moral rights, know-how, and trade secrets, whether registered or unregistered, and regardless of geographic location), are and will remain the exclusive property of Pecrofect, its licensors, or affiliates. Except for the access granted to the Services, no additional rights are conferred upon you concerning the Website or Services. Pecrofect reserves all rights not expressly granted in this Agreement.

Pecrofect Marks: Pecrofect® and other Pecrofect marks (“Pecrofect Marks”) are trademarks or service marks owned by Pecrofect or its affiliates. All other marks and logos are the property of their respective owners. You are prohibited from using the Pecrofect Marks, including in metatags or any “hidden text,” without our prior written consent. 

The use of Pecrofect Marks in a manner that disparages Pecrofect, its products, or services or portrays Pecrofect in a false or unfavourable light is strictly prohibited. Your utilisation of Pecrofect Marks is subject to the usage guidelines provided by Pecrofect occasionally. You agree not to challenge the ownership of Pecrofect Marks or attempt to register any confusingly similar mark in any jurisdiction for any purpose.

Attribution: You hereby grant permission to Pecrofect, its affiliates, resellers, and other partners authorised to resell and distribute the Services on behalf of Pecrofect (“Partners”) to use your name, logo, and other proprietary marks for promotional, informational, and advertising purposes on behalf of Pecrofect and its Partners. You retain the right to revoke this consent by submitting a request at [email protected].

Feedback: You are not obligated to provide Pecrofect with any ideas, suggestions, comments, or other feedback related to the Website, Services, or Pecrofect (“Feedback”). If you choose to share Feedback, you acknowledge that such Feedback is non-confidential. Pecrofect retains all rights to use and incorporate the Feedback into the Services or any other product or service without needing compensation or attribution to you.

Claims of Copyright Infringement: If you believe that your work has been used on the Website or Services in a manner constituting copyright infringement or that your intellectual property rights have been otherwise violated, please notify Pecrofect at [email protected]. You may submit a notification following the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing:

  • Identify the copyrighted work you allege has been infringed.
  • Provide enough detail to locate the allegedly infringing content on the Website or Services.
  • Declare that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
  • Confirm the accuracy of the notification and verify, under penalty of perjury, your exclusive ownership of the copyright interest involved or your authorization to act on behalf of the sole owner.
  • Provide contact information for Pecrofect to reach you, including your address, telephone number, and email address.
  • Affix your physical or electronic signature.

Upon receiving this notification containing all required information, Pecrofect will take appropriate action at its sole discretion, including notifying the alleged infringer, removing the disputed content from the Website or Services, or terminating the posting account.

7. TERMS and TERMINATION

Term: This Agreement becomes effective on the first day of your visit to the Website and remains in force as long as you continue to access or use the Pecrofect Services or the Website unless otherwise specified in writing by Pecrofect.

Service Terms and Renewal: Percofect offers only annual plans without free periods or trials. The term of your plan is one year from the date we receive your payment. Percofect does not offer subscription services, your plan will not automatically renew. You need to order a new plan under the then-current terms. 

Service Cancellation: You may cancel your service plan at any time by submitting a written cancellation request at [email protected] and supplying the required information. 

Cancellation of Paid Services will take effect within seven (7) days of receiving your request, including the necessary information. Cancellation does not entitle you to a refund of prepaid or unused services. 

De-Registration: You may delete your User account anytime by submitting a request at [email protected]. If you delete your User account, Pecrofect may erase all data and information stored on Pecrofect servers. Pecrofect assumes no responsibility for deleting or losing such data or information. Even after deleting your User account, you agree to settle all charges incurred before de-registration until paid in full.

Termination for Cause: Either party may terminate this Agreement for cause, either in part or for all Services: 

(i) upon giving a thirty (30) days notice to the other party in case of a material breach that remains unremedied at the end of such notice period or 

(ii) immediately if the other party becomes subject to a bankruptcy petition or any other proceedings related to insolvency, cessation of business, liquidation, or assignment for the benefit of creditors.

 We also reserve the right to terminate this Agreement for cause:

(i) with thirty (30) days’ notice if we find that you have or are acting in a way that may negatively affect us, our prospects, or our customers or 

(ii) immediately without notice in case of a breach of Section 10 of this Agreement. 

If you terminate this Agreement for cause, we will promptly refund any prepaid but unused Payments for the Services after the effective termination date. If we terminate this Agreement for a reason, you will immediately settle all outstanding Payments due until the end of the applicable plan term, and no refund will be issued.

Suspension: Pecrofect reserves the right to monitor compliance with this Agreement and may suspend some or all of the Services immediately upon notice (which may be electronic) if:

(a) we have a good-faith belief that your use of the Services violates any applicable law, the terms of this Agreement, or the rights of any third party; 

(b) we are legally prohibited from providing access to the Services due to a court order or order of another governmental authority; or 

(c) we reasonably determine that the Services are being used for abusive, illegal, or fraudulent activity, or if the Services are affected by a security incident, denial of service attack, or another event impacting their security or Content. 

Such suspension may apply to specific jurisdictions, lines of business, specific customers, or groups of users. For Users of Paid Services, we will make reasonable efforts to provide you with thirty (30) days after notice of suspension to back up your data stored in the Services before potentially removing it from our servers. If you have unpaid amounts for more than ten (10) days after receiving notice of non-payment, or if we cannot process payment using your registered billing account, we may suspend your access to some or all of the Services, excluding the portion of the Services for which you are disputing the charges and cooperating to resolve the dispute. 

If the Services or some of them are suspended due to non-payment, we may charge a re-activation fee to reinstate the Services. This section does not affect our right to terminate this Agreement for cause, as outlined above.

Suspension and Termination of Unpaid Services: We may suspend, restrict, or terminate Unpaid Services at any time and for any reason without notice. Your usage to Unpaid Services may also be terminated due to inactivity.

Effect of Termination: Upon expiration or termination of this Agreement, including due to your cancellation or de-registration, all User rights related to using the Services will cease immediately. You acknowledge and agree that Pecrofect may erase all User data and information stored on Pecrofect servers within a reasonable period, not less than thirty (30) days, following the expiration, termination of the Agreement, or de-registration of your User account. Pecrofect may retain copies of such data and information as required by law, for archival purposes, or as generated through automated computer backup and archival systems while maintaining necessary technical and organisational measures.

Survival: Upon the termination of this Agreement for any reason, provisions concerning indemnification, warranty, liability, and limitations, as well as any provisions expressly or inherently required to survive such termination to achieve their purpose, shall continue to exist until they are no longer necessary to serve their intended purpose.

8. WARRANTY DISCLAIMER and LIMITATION of LIABILITY

Disclaimer: To the extent allowed by law, the Services and the Website are provided on an “as-is” and “as available” basis, and we explicitly disclaim all warranties and conditions, whether express or implied. 

This includes warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not warrant that the Services or the Website:

  1. Will meet your specific requirements.
  2. Will be continuously available, timely, secure, or error-free.
  3. Will be suitable or accessible in all locations.
  4. Will be free from viruses or other harmful components, complete, lawful, or safe.

Additionally, we make no warranties or representations concerning the accuracy or completeness of the content on any websites linked through the Website or Services.

Limitation of Liability: Except for any indemnification obligations outlined herein, neither party nor their respective affiliates, officers, directors, employees, or agents shall be liable for any indirect, incidental, special, punitive, or consequential damages or any loss of profits, revenue, data, or business opportunities arising from or related to this Agreement, regardless of whether such action is based on contract or tort, and irrespective of the theory of liability. 

Our maximum collective liability to you for any damages arising from or related to this Agreement is limited to the greater of the amounts you have paid to us under this Agreement in the three (3) months prior. 

You acknowledge and accept that if you disagree with this limitation of liability, we will not provide the Services to you. Any legal action you wish to initiate under this Agreement or concerning your use of the Website or our Services must commence within one (1) year after the claim or cause of action first arises. The limitation of liability described in this paragraph shall be applied to the fullest extent permitted by law.

Warranty Disclaimer Regarding Third-Party Sites, Services, and Products: Percofect and its affiliates disclaim any liability concerning Third-Party Sites, your access to these sites, and any Third-Party Services and Products you use, as well as any claims arising from Percofet’s authorised use of your Content.

9. INDEMNITY

You agree to defend, indemnify, and hold Percofect and its officers, directors, employees, and agents harmless from and against any claims, damages, obligations, losses, liabilities, costs, or debts, as well as expenses (including reasonable attorney’s fees), arising from:

(a) Your breach or violation of this Agreement, 

(b) Your Content, 

(c) Your use of and access to the Services and the Website, or 

(d) Your violation of applicable law or any third-party right, including but not limited to privacy, intellectual property, or other proprietary rights.

This defence and indemnification obligation will remain in effect after the termination of this Agreement and your use of the Services and the Website. Percofect reserves the right to assume exclusive defence and control over any matter subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests to assist Percofect’s defence of such matter.

10. EXPORT RESTRICTIONS

The export, re-export, and transfer of Percofect products and services, including technology, software (including source code), commodities, technical data, related technology, and their direct products, such as the Website and the Services (collectively referred to as “Percofect Items”), are subject to the Poland export and sanctions laws and regulations. 

You are strictly prohibited from accessing, downloading, distributing, using, exporting, re-exporting, releasing, or transferring the Percofect Items violating any Applicable Export Laws. You are also required to comply with all Applicable Export Laws. You must not, directly or indirectly, provide or make the Percofect Items available in violation of these laws or without obtaining all necessary approvals. This includes but is not limited to, using the Percofect Items for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction. 

The Percofect Items may not be downloaded, provided, or made available, directly or indirectly in countries such as Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to EU trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries, except for nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or

By agreeing to this Agreement, you confirm your understanding of and compliance with the above restrictions. You also represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to sanctions or on any restricted lists mentioned above. You further commit not to share the Percofect Items with anyone whose status falls under the  above descriptions.

11. GENERAL PROVISIONS

Confidentiality: Any confidential information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether in writing or orally and designated as confidential (“Confidential Information”), shall be protected by the Receiving Party with a degree of care not less than what it uses for its similar information. The Receiving Party shall not use Confidential Information for any purpose beyond the scope of this Agreement or disclose it to any third party (except as outlined in our Privacy Policy). 

These obligations do not apply to publicly available information already in the Receiving Party’s possession, obtained rightfully from third parties not bound by confidentiality, or independently developed by the Receiving Party with written documentation. If the Receiving Party is legally required to disclose Confidential Information, it will provide the Disclosing Party with written notice (if not legally prohibited) to allow the Disclosing Party to seek a protective order, and the Receiving Party will cooperate in such efforts.

Assignment: You may not assign or transfer this Agreement, or any rights or obligations under it, without our prior written consent. We may assign this Agreement, in whole or in part, without any restrictions. Any unauthorised assignment or transfer shall be void and have no effect. Nevertheless, this Agreement’s provisions will be binding upon and benefit both parties and their respective successors and assigns.

Force Majeure: We shall not be held liable for the failure or delay in the performance of our obligations due to conditions beyond our reasonable control, including but not limited to third-party equipment or services, communication failures, governmental actions, acts of terrorism, natural disasters, labour conditions, power failures, and Internet disruptions.

Governing Law and Jurisdiction: If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom, this Agreement is governed by the laws of the Republic of Poland, and any disputes shall be subject to the jurisdiction and venue of Warsaw, Poland. 

For users located in North America, South America, or countries other than those mentioned above, or if you are using only Unpaid Services, this Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., and any disputes shall be subject to the jurisdiction and venue of the Commonwealth of Massachusetts. Governing law is without regard to any conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Notices: Notices to you will be sent to the email address associated with your account. To update your email address, you must notify Percofect at [email protected]. You agree to receive communications from us electronically. All notices to you will be considered received upon being sent. While we may provide communications in paper format, we are not obligated to do so. Legal notices to us should be sent at [email protected].

Entire Agreement: This Agreement constitutes the entire agreement between you and Percofect concerning your use of the Website, and the Services and supersedes all other proposals and agreements, whether oral, written, or electronic. In the event of any conflict between the terms of this Agreement and those on the Website or any other document, the terms of this Agreement shall prevail. No terms in any purchase order or order documentation are incorporated into or form any part of this Agreement. If you have acquired the Services through our reseller, this Agreement precedes any other terms and conditions. Resellers are not authorised to make commitments on our behalf, and we are only bound by the obligations specified in this Agreement.

Changes: We may modify the terms of this Agreement from time to time by posting the updated Agreement on the Website. You can review the most current version of this Agreement at any time on the current policy page or any successor URL we may designate. 

The revised terms become effective immediately upon being posted on the Website. If you continue to use the Services after such date, your use will constitute acceptance of the revised terms. We also reserve the right to change the Services at our discretion. If any change to this Agreement is unacceptable to you or if any change we make to the Services significantly reduces functionality, your sole remedy is to stop using the Services and send a cancellation request at [email protected]

Languages: This Agreement is composed in English, and the English version of this Agreement and any related documents (including notices) will prevail. However, if your country’s laws require contracts to be in the local language to be enforceable, the local language version produced by Percofect within a reasonable time following your written request will govern.

No Waiver: No failure or delay by Percofect in exercising any right or remedy will be considered a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not affect any right or remedy on any future occasion.

Severability: If any provision of this Agreement is found invalid, unenforceable, or illegal by any court or competent authority, it shall not affect the operation of this Agreement or the validity of the other provisions, which will remain in full force and effect.

Relationship of the Parties: This Agreement does not create or imply any agency, partnership, or franchise relationship. Nothing in this Agreement, express or implied, confers any legal or equitable right, benefit, or remedy upon any third party.

No Third Party Beneficiaries: No provisions of this Agreement are intended to confer legal or equitable rights, benefits, or remedies upon anyone other than the parties and their respective successors and permitted assigns.

12. QUESTIONS and CONTACT INFORMATION

If you have any questions, concerns, or inquiries regarding these Terms of Service, you can contact our team:

We value your feedback and are here to assist you with any necessary issues or clarifications. Your satisfaction and understanding of these terms are important to us.

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