Registration and Qualifying Criteria
You must be at least 18 years of age to qualify and have the legal authority to agree to these terms. This is a legal agreement between you and PerXL that provides the Service and Websites. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal right and ability to enter into a binding contract. If you are registering on behalf of a business entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. These Terms and Policies should be read in conjunction with our Privacy Policy and EULA. By using the Service and Websites, you agree to the terms and conditions outlined here, the Privacy Policy and the EULA. If you have been previously prohibited from accessing or using our Services and websites, kindly refrain from doing so. The Terms of Service (ToS) and Privacy Policy may be updated periodically and continued use of the Service and Websites constitutes acceptance of any changes made. Using automated methods to register an account and/or using the service if under the age of 18 is not permitted.
Registration Process
In order to register with PerXL, you will be required to provide your full name, email address, password, name of the organization, location and billing information, if you are a paid subscriber. The Service can only be used by the number of authorized users specified by you and identified by name. These individuals must be the only ones accessing the service, and the service cannot be accessed by any other software or hardware devices. The company reserves the right to ask for a list of named individuals at any time, and the service may not be rented, leased, lent, sold, redistributed or subleased.
Installation, Configuration, Upgrades and Updates
You are responsible for installation of the Product and utilising the Services and making any necessary modifications to accommodate your computer. All updates, patches, upgrades, enhancements, and modifications to the Service must be performed by PerXL. These updates, patches, upgrades, enhancements, and modifications include any changes or improvements to the Service, whether related to its configuration, for your use or otherwise. During the time these terms are in effect, you must provide PerXL access to your computer to install all or any of the above. Denial of access to PerXL to install any of the above automatically, will terminate all warranties related to the Service, as well as your subscription to use the Service.
We strive to ensure that the Service is continually available but there might be interruptions due to system upgrades, scheduled maintenance, or any unscheduled downtime including but not limited to server failure, equipment failure. During this time Services may not be available. For any scheduled maintenance Subscribers would be provided advance notice. You agree that we are not liable for any loss or modification of Content, due to suspension, or discontinuation of the Services due to any unavoidable circumstances. We aren’t responsible for the backup of your Content. Any unscheduled maintenance which is beyond our control would require you to maintain a backup of your Content.
Fees
‘Subscription Fee’ is the fee you pay when you subscribe to our Services. The fee for your subscription does not include taxes, duties, or other government assessments. You are responsible for paying any such taxes.
PerXL reserves the right to revise the subscription fee. If you are already a subscriber this fee will be effective upon your renewal of the subscription. In the event you have a paid account, fees are non-refundable except as required by law or in the event that you cancel your account during the 30-day money back guarantee period. You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method. By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Service prior to its renewal date. We may revise fee rates for the Service from time to time and will provide you with email notice of any changes in fees at least thirty (30) days prior to your Service renewal date. You are responsible for providing complete and accurate billing information to PerXL. We may suspend or terminate your use of the Service if fees become past due. You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.
Consent to the Use of Data
By using the Service, you consent to the collection, use, and disclosure of your personal information by PerXL, in accordance with PerXL's Privacy Policy. PerXL may use your personal information to provide, improve, and enhance the Service. PerXL will not sell or distribute your PI to any other party.
Our policies do not permit us accept or consider unsolicited suggestions, materials, content, or ideas, (collectively called ‘materials’) to avoid any potential misunderstandings in the event they are similar to ideas we have developed or are in the process of developing.
However, if you choose to send us any such materials, you grant us a royalty-free, irrevocable, transferable right and license to use them however we desire. This includes the right to copy, modify, adapt, publish, translate, create derivative works from, and/or sell and/or distribute the materials, and to incorporate them into any form, medium, or technology throughout the world.
You also confirm and agree that all materials submitted by you to us do not violate the right of any third party/parties, including without limitation, privacy or proprietary rights, copyright, or trademarks.
These terms may be updated from time to time, and we reserve the right, to change them and/or our Services. If there are significant changes to the terms, we will provide reasonable notice before of the changed terms are effected. You agree that you consent to us publishing such updated information on our website. You are advised to review these updated terms before using the Service. Using the Service after the changes take effect constitutes to the fact that you agree to the new terms. The revised terms will become effective on the date set forth above.
We retain the authority to deny entry to the Service to individuals, regardless of the cause.
Processing of Personal Data
Responsibilities of Parties
The parties agree to the following in relation to processing of personal data, privacy, and cybersecurity requirements. The parties acknowledge and agree that Subscriber, along with its Authorized Affiliates, is the ‘Data Owner’ and PerXL is the ‘Processor’. The parties also acknowledge and agree that PerXL may engage sub processors as defined below. PerXL, as the processor, understands the nature and purpose of processing personal data and employs all measures, technical as well organizational, to be in compliance with relevant data protection obligations. PerXL and third parties with who PerXL (hereinafter known as PerXL associates) may engage, to fulfill Data Owner’s service requests, understand the need for and importance of PI and, are bound by agreements which are as valid and enforceable as this agreement. PerXL‘s personnel are aware of the nature of confidentiality associated with processing of PI and have been trained on their responsibilities. They have executed confidentiality agreements which will survive termination of their engagement with PerXL. Data Owner acknowledges and agrees that PerXL and Associates’ would process Owner’s data including PI on Data Owner’s behalf, to facilitate Data Owner’s use of the Services.
Data Owner is and will remain the sole and exclusive owner of all its Data, and will be responsible for its accuracy, quality and legality. Data Owner agrees that it is responsible for the Content it posts. Processor does not endorse any Content, and has no obligation to monitor, edit, or remove any Content. Data Owner represents and warrants that it bears all legal responsibility for its Contents.
Appointment of Third parties/PerXL Associates
You affirm and agree that PerXL may engage third parties as subprocessors to facilitate provision of its Services. PerXL will provide, on request, a list of its associates. PerXL understands the nature and purpose of processing personal data and employs all measures, technical as well organizational, to be in compliance with relevant data protection obligations. PerXL and third parties with who PerXL (hereinafter known as PerXL associates) may engage, to fulfill your service requests, understand the need for and importance of PI and, are bound by agreements which are as valid and enforceable as this agreement.
You acknowledge and agree that PerXL and Associates’ would process your data including PI on your behalf, to facilitate your use of the Services.
Indemnification - Privacy and cybersecurity, Limitation of Liability; Waiver
By accepting these Terms, you acknowledge that the PerXL will process your individual or business entity's Personal Data, with you designated as the Data Owner and PerXL designated as the Processor. You will indemnify and hold PerXL, its affiliates, associates and their respective officers, directors, trustees, shareholders, employees, and agents (each an "Indemnified Party") harmless for any damages, liabilities, or third-party claims arising from any failure to comply with privacy and cybersecurity requirements, or as a result of your breach or non-compliance with this Agreement, negligence, gross negligence, or wilful misconduct by you or your representatives. This indemnification applies to all Personal Data collected, processed, or maintained by you through the Services or Platform, to the fullest extent permitted by law.
