Terms of Service

Last updated: January 2, 2025

Welcome to PerksAround. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, you may not use our services.

1. Acceptance of Terms

By creating an account, submitting content, or using any part of the PerksAround platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of PerksAround after such changes constitutes your acceptance of the new Terms.

2. Description of Service

PerksAround is a platform that allows businesses to post promotions, deals, and perks, and allows users to discover these offerings in their local area. We provide a free listing service for businesses and a free discovery service for consumers.

PerksAround acts solely as a platform connecting businesses with consumers. We do not guarantee the accuracy, quality, or availability of any promotion listed on our platform, nor do we endorse any business or promotion.

3. User Accounts and Registration

To submit promotions on PerksAround, you may be required to provide certain information including your email address and business details. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of any login credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

4. Content Submission and Guidelines

4.1 User-Generated Content

When you submit a promotion, business listing, or any other content to PerksAround, you represent and warrant that:

  • You own or have the necessary rights to the content you submit
  • The content is accurate and not misleading
  • The content does not violate any laws, regulations, or third-party rights
  • You are authorized to represent the business on whose behalf you are posting
  • The promotion or perk is genuine and available as described

4.2 Prohibited Content

You may not post content that:

  • Is false, deceptive, misleading, or fraudulent
  • Infringes on intellectual property rights, privacy rights, or any other rights of third parties
  • Contains spam, advertising, or promotional material unrelated to legitimate business promotions
  • Is offensive, obscene, defamatory, threatening, harassing, or hateful
  • Contains viruses, malware, or any harmful code
  • Violates any applicable laws or regulations
  • Impersonates another person or entity
  • Promotes illegal activities or products

4.3 Content License

By submitting content to PerksAround, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with operating and promoting our service. This license continues even if you stop using our service.

5. Content Review and Moderation

PerksAround reserves the right, but has no obligation, to:

  • Review, monitor, edit, or remove any content at our sole discretion
  • Reject or remove content that violates these Terms
  • Suspend or terminate accounts that repeatedly violate these Terms
  • Modify submitted content for formatting, clarity, or compliance purposes
  • Set expiration dates for promotions and remove expired content

6. Third-Party Links and Promotions

PerksAround may contain links to third-party websites, social media profiles, or other external resources. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for:

  • The content, accuracy, or availability of third-party websites
  • The privacy practices or terms of service of third-party websites
  • Any products, services, or promotions offered by third parties
  • Any transactions between you and third-party businesses

You acknowledge that your use of third-party websites and services is at your own risk, and you should review their terms and privacy policies before engaging with them.

7. Intellectual Property Rights

7.1 PerksAround Property

The PerksAround platform, including its design, layout, graphics, functionality, and content (excluding user-generated content), is owned by PerksAround and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or exploit any part of our platform without our express written permission.

7.2 Trademarks

"PerksAround" and our logo are trademarks of PerksAround. You may not use these trademarks without our prior written consent.

7.3 Copyright Infringement

We respect intellectual property rights. If you believe that content on PerksAround infringes your copyright, please contact us with detailed information including proof of ownership and the specific content in question.

8. Disclaimers and Limitation of Liability

8.1 No Warranties

PerksAround is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that:

  • The service will be uninterrupted, timely, secure, or error-free
  • The information provided will be accurate, complete, or reliable
  • Any promotions listed will be honored by the respective businesses
  • Defects or errors will be corrected

8.2 Limitation of Liability

To the fullest extent permitted by law, PerksAround, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or data
  • Business interruption
  • Loss of goodwill or reputation
  • Damages arising from your use of or inability to use the service
  • Damages arising from promotions that are not honored or are misrepresented
  • Any disputes between you and third-party businesses

8.3 User Disputes

You are solely responsible for your interactions with other users and businesses. PerksAround reserves the right, but has no obligation, to monitor disputes between you and other users or businesses. You release PerksAround from any claims, demands, and damages arising out of disputes with other users or businesses.

9. Indemnification

You agree to indemnify, defend, and hold harmless PerksAround, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the PerksAround platform
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Content you submit to the platform
  • Any promotions you post that are false, misleading, or fraudulent

10. Termination

We reserve the right to suspend or terminate your access to PerksAround at any time, with or without cause, with or without notice, for any reason including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Posting false or misleading content
  • Abusive behavior toward other users or our staff
  • Any conduct we deem harmful to PerksAround or other users

Upon termination, your right to use the service will immediately cease, but the provisions of these Terms that by their nature should survive termination will remain in effect.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of PerksAround, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, either party may pursue formal dispute resolution.

11.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PerksAround regarding your use of the service.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.5 Contact Information

If you have any questions about these Terms, please contact us at legal@perksaround.com

By using PerksAround, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.